Is leave to appeal granted from a dismissal of a motion for summary judgment?

Ontario, Canada


The following excerpt is from Forestall v Carroll, 2015 ONSC 5883 (CanLII):

It is a rare case where leave to appeal will be granted from a dismissal of a motion for summary judgment, since the moving party lives to fight the issues on the merits again, on another day. For me, this is that rare case. I see good reason to doubt the motions judge’s evidentiary rulings, and I conclude that it is a matter of general importance to the administration of justice to consider whether the approach taken by the learned motions court judge is consistent with the principles set out in Hryniak v. Mauldin.

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