Is a summary judgment motion not required to go to trial?
Ontario, Canada
The following excerpt is from Royal Bank of Canada v. Hogarth, 2022 ONSC 959 (CanLII):
Hryniak v. Mauldin, 2014 SCC 7, para. 4, provides that a trial is not required if a summary judgment motion can achieve a fair and just adjudication, if it provides a process that allows the judge to make the necessary findings of fact, apply the law to those facts, and is a proportionate, more expeditious and less expensive means to achieve a just result than going to trial.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a summary judgment motion judge have the authority to grant summary judgment? (Ontario, Canada)
Is there any case law where a motion for summary judgment has been granted in favour of summary judgment? (Ontario, Canada)
When will a motion for summary judgment require a trial? (Ontario, Canada)
Can a summary judgment motion be used to obtain summary judgment in a civil case? (Ontario, Canada)
What is the law of summary judgment including partial summary judgment? (Ontario, Canada)
Can a summary judgment motion (and, by analogy, on a s. 44(5) motion) be successful? (Ontario, Canada)
On a motion for summary judgment, does the record contain all evidence that the parties will present if there is a trial? (Ontario, Canada)
Can a summary judgment motion after a trial of the issue be directed? (Ontario, Canada)
Can a motion for summary judgment be dismissed or adjourned if there are outstanding undertakings on the motion? (Ontario, Canada)
Is a request for leave to amend a mid-motion to a motion for summary judgment fair? (Ontario, Canada)
