Can a motion for summary judgment be brought in a simplified action?

Canada (Federal), Canada

The following excerpt is from D.E. Rodwell Investigative Services Ltd. v. Enoch Cree Nation Indian Band, 2003 FCT 509 (CanLII):

Rule 297 provides that "[n]o motion for summary judgment may be brought in a simplified action". Notwithstanding rule 298 that motions in simplified actions are to be returned only at a pre-trial conference, there are specific exceptions, being an objection to jurisdiction, a motion to strike out for want of reasonable cause of action, the release of arrested property and, as is included in the present application, a motion to have an action removed from the operation of the simplified action rules. In each case removal from the ambit of the simplified action rules depends upon the circumstances and is discretionary. In my view only motions which are either basic to the action, or essential to allow the action to proceed, or matters which clearly cannot wait for a pre-trial conference or the hearing of the action, should be entertained before the pre-trial conference: see Grinshpun v. University of British Columbia (1999), 1999 CanLII 9154 (FC), 182 F.T.R. 150 (F.C.T.D.) at 152.

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