What is the impact of the Sweda decision on a summary judgment motion?
Prince Edward Island, Canada
The following excerpt is from CMT et al. v Government of PEI et al., 2020 PECA 12 (CanLII):
Appellants’ counsel was aware of the Sweda decision. In his oral presentation before the motions judge he stated: And I am well aware of Sweda Farms and, you know, the fact that if I don’t take certain initiatives and certain steps to get the evidence before you on a summary judgment motion, I’ll have to live with those consequences and that, that’s the state of the law. See CMT v. Government of P.E.I. et al, 2019 PESC 40, at para.94.
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