Is a motion for summary judgment not available in proceedings commenced by way of a notice of application?
Ontario, Canada
The following excerpt is from Wall v. Shaw, 2018 ONCA 929 (CanLII):
This court has held that motions for summary judgment are not available in proceedings commenced by way of a notice of application, in the absence of an order that converts the application into an action: Maurice v. Alles, 2016 ONCA 287 (CanLII), 130 O.R. (3d) 452, at paras. 32 and 33. Layering a “summary judgment” type motion on top of a “summary” application generally does nothing more than increase costs and delay the final adjudication of the dispute on the merits.
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