Does a motion for summary judgment need to be dismissed?
Ontario, Canada
The following excerpt is from Coutinho v. Ocular Health Centre Ltd., 2021 ONSC 3076 (CanLII):
In the case of Landrie v. Congregation of the Most Holy Redeemer, 2004 PNSC 4008 Perell, J. held at paras. 50-51 that on a motion for summary judgment it is open to the court to dismiss the motion brought by the moving party and grant summary judgment to the responding party when it can decide the issue that is the subject matter of the motion for summary judgment, applying the principles of proportionality and sensible management of the court process.
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