Can Acear bring a motion for partial summary judgment?
Ontario, Canada
The following excerpt is from Quality Truck Bodyshop Inc. v. Acear Inc., 2021 ONSC 1630 (CanLII):
Acear submits this motion should be dismissed on the basis it results in partial summary judgment. It relies on the three part test outlined in Malik v. Attia, 2020 ONCA 787 (at paragraph 62). That is: i) determination of this case into several parts will prove cheaper to the parties; ii) partial summary judgment will get the parties’ case in and out of the court system more quickly; and iii) partial summary judgment will not result in inconsistent findings by the multiple judges who touch the divide case.
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