How do counsel for the parents respond to a summary judgement motion?
Ontario, Canada
The following excerpt is from Jewish Family and Child Service v. S.K., 2015 ONCJ 246 (CanLII):
[105] Counsel for the parents relies on a passage from the case of Hryniak v. Mauldin[11] that discusses the advisability of the judge presiding over a complex summary judgement motion to become involved early in the life of a motion to provide directions with respect to the timelines for filing materials, the length of cross-examinations and the nature and amount of evidence that will be filed. A motion for directions also provides the responding party with an opportunity to seek an order to dismiss a premature or improper motion for summary judgement.
[106] Although the court in Hryniak v. Mauldin, supra, was opining on Rule 20 of the Rules of Civil Procedure that deals with summary judgement motions, I agree that the principle articulated about judicial control around scheduling applies to all summary judgement motions.
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