In what circumstances will a court grant partial summary judgment?

Ontario, Canada


The following excerpt is from Pedwell et. al. v. 1191827 Ontario Inc. et. al., 2012 ONSC 4333 (CanLII):

In GreenHalgh v. Vaillancourt 2010 OJ. No. 459 E.M. Stewart J. on a summary judgment motion dealt with a situation where there was a high probability the defendant would be found liable given his plea of guilty to a Highway Traffic Act charge. The defendant raised issues with respect to contributory negligence as well as issues of causation and damages. Given these issues E.M. Stewart J. concluded: “In my view, these issues are of such a nature that it is evident that a trial will be required to determine them. Their magnitude and significance are such that the outcome of the action cannot and should not be discerned, even in part on the paper record before me. Accordingly I consider that there are several genuine issues for trial in this action such that the granting of partial summary judgment at this stage would be appropriate.”

Other Questions


Is there any case law where a motion for summary judgment has been granted in favour of summary judgment? (Ontario, Canada)
In what circumstances will a court grant summary judgment against a plaintiff for an improvident sale? (Ontario, Canada)
Does a summary judgment motion judge have the authority to grant summary judgment? (Ontario, Canada)
What is the law of summary judgment including partial summary judgment? (Ontario, Canada)
Can a court grant partial summary judgment on 3 of 19 insurance policies? (Ontario, Canada)
In what circumstances will a judge grant summary judgment in a dental malpractice action against a group of dentists? (Ontario, Canada)
In what circumstances will summary judgment be granted in a personal injury case? (Ontario, Canada)
Can partial summary judgment be granted in a contested will? (Ontario, Canada)
In what circumstances will a court grant leave and certification under the CPA and also grant leave to proceed under Part XXIII of the Securities Act? (Ontario, Canada)
In what circumstances will the court consider the paragraphs in a motion for summary judgment to be a waste of time? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.