Is a summary judgment hearing of 14 to 17 days starting to resemble a trial?
Ontario, Canada
The following excerpt is from Nirmalendran et al. v. T.E.C. Leaseholds Limited et al., 2021 ONSC 6823 (CanLII):
The case conference judge refused the plaintiffs’ request for a hearing of 14 to 17 days on the basis that it was starting to “resemble a trial.” He wrote: Overall, I find that the plaintiffs’ proposal is fundamentally flawed in that it contradicts the raison d’être of summary judgment motions, namely a summary and faster process for resolving an action: Hryniak v. Mauldin, 2014 SCC 7. A 14 to 17 day hearing that would only take place 10 months from now is starting to resemble a trial, not a summary judgment process as I have directed. [original emphasis.]
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