What is the test for a motion for partial summary judgment?

Summary judgment is a procedural tool that, when used in the right circumstances, provides litigants with timely and affordable access to the civil justice system: Malik v. Attia, 2020 ONCA 787. The court set out a process that, if followed, would lead to a determination of whether the “right circumstances” existed. At paras. 61 and 62, the court stated that: …before embarking on hearing a motion for partial summary judgment a motion judge must determine whether, in the circumstances, partial summary judgment will achieve the objectives of proportionate, timely, and affordable justice or, instead, cause delay and increase expense. (Citations omitted) When faced with the request to hear motion for partial summary judgment, the motion judge should make three simple requests of counsel or the parties: (i) Demonstrate the dividing the determination of this case into several parts will prove cheaper for the parties; (ii) Show how partial summary judgment will get the parties’ case in and out of the court system more quickly; (iii) Establish how partial summary judgment will not result in inconsistent findings by the multiple judges who will touch the divided case.