Is partial summary judgment appropriate?
Ontario, Canada
The following excerpt is from Lewis v Lavern Heideman & Sons Limited, 2015 ONSC 3752 (CanLII):
With respect to the question of whether partial summary judgment is appropriate, it is my view that there is a real possibility that there would be considerable overlap between the witnesses required to determine the issues on the motion and at trial. In considering the litigation as a whole I am concerned that there is a risk of duplicative proceedings and/or possible inconsistent findings. [see: Baywood Homes Partnerships v. Haditaghi, 2014 ONCA 450 (CanLII)]
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