In what circumstances will arguments of argument on a summary judgment motion only be made where there is a strong prima facie foundation in the record?
Ontario, Canada
The following excerpt is from Diep v. Pham, 2021 ONSC 1240 (CanLII):
In the interests of efficiency and economy, arguments of the kind made here prefatory to argument on a summary judgment motion should only be made where there is a strong prima facie foundation in the record. Otherwise, the entire concept of proportionate, timely and affordable judgments upon which the Hryniak v. Mauldin, 2014 SCC 7, 366 D.L.R. (4th) 641 (S.C.C.) approach rests may well be wholly or partially defeated.
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