What is the test for directing a trial of the issues before the court?

Ontario, Canada


The following excerpt is from MacKay v. Kyle, 2011 ONSC 2317 (CanLII):

The court is significantly challenged by the record for the applicant’s claims and the respondent’s counterclaims in this matter. Their affidavits are significantly in conflict. There has been no questioning by the parties and no cross-examination on their affidavits. I am tempted to simply direct a trial of the issues before the court, but am mindful of the expense that would then be incurred by both parties. I am inspired by the decision of Madam Justice Eberhard in the case of Lewi v. Lewi (2005), 4441 (ON S.C.). Dealing with different facts but similar issues, Madam Justice Eberhard stated at paragraph 8: Despite this lack of specific evidence, I intend a determination. The parties were set for trial but agreed, for expedience, to seek adjudication by way of motion. Inherent in that agreement is an understanding that they will obtain a judgment circumscribed by the limitations of a motion. As they are unable to agree, they are asking for an independent determination of their dispute. That they shall have.

Other Questions


What is the effect of the Court of Appeal finding on the "live issue" in the context of the issue? (Ontario, Canada)
How has the Court of Appeal in B.C considered trial counsel’s performance on the basis that the performance of the trial counsel did not undermine confidence in the verdict? (Ontario, Canada)
In what circumstances will a court order an expedited trial of an issue to determine eligible voters in a general membership meeting of a religious organization? (Ontario, Canada)
Does this court have jurisdiction to issue a stay of a deportation order pursuant to section 134(2) of the Courts of Justice Act? (Ontario, Canada)
How have courts dealt with the issue of pre-trial publicity during a public inquiry? (Ontario, Canada)
How have the courts interpreted the principles of the Court of Arbitration for the purpose of making decisions at an arbitrator rather than the court? (Ontario, Canada)
Can a summary judgment motion after a trial of the issue be directed? (Ontario, Canada)
Can punitive damages be certified as a common issue for the first common issues trial? (Ontario, Canada)
How has the court treated the issue of credibility in the trial of a witness in a dog case? (Ontario, Canada)
Can a court interfere with a trial court’s assessment of credibility? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.