What is the effect of a motion for summary judgment in a personal injury case?

Ontario, Canada


The following excerpt is from Siskinds LLP v. Canadian Imperial Bank of Commerce, 2014 ONSC 3211 (CanLII):

Both parties submitted that this was an appropriate case to decide by way of their competing motions for summary judgment. I agree. Material facts were not in dispute. At its heart the dispute was one over the interpretation of the contract between the parties. The evidence filed essentially was that which would be before the trial judge on the issue of liability. Having engaged in the first step of the inquiry now mandated by Hryniak v. Mauldin, I conclude that the summary judgment process has provided me with the evidence required to fairly and justly adjudicate the dispute and is a timely, affordable and proportionate procedure, under Rule 20.04(2)(a). As a result, there is no genuine issue requiring a trial.[8]

Other Questions


What is the test for a judge to consider a motion for summary judgment in a personal injury case? (Ontario, Canada)
What is the test for a motion for summary judgment in a personal injury case? (Ontario, Canada)
What is the role of counsel for all parties in making a motion for summary judgment in a personal injury case? (Ontario, Canada)
Can a summary judgment motion be used to obtain summary judgment in a civil case? (Ontario, Canada)
What is the legal test for a motion for summary judgment in a personal injury case? (Ontario, Canada)
What is the standard of review in the context of a motion for summary judgment in a personal injury case? (Ontario, Canada)
Is there any case law where a motion for summary judgment has been granted in favour of summary judgment? (Ontario, Canada)
What is the effect of summary judgment in a personal injury case? (Ontario, Canada)
What is the legal test for summary judgment in a personal injury case? (Ontario, Canada)
In what circumstances will a motion judge order summary judgment against a party in a personal injury matter? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.