Can a summary judgment be used to deprive a party of their right to a trial?
Ontario, Canada
The following excerpt is from Karmali v. October Enterprises Incorporated (De Berardinis Hair Salon), 2008 CanLII 68172 (ON SC):
Rule 20 provides an expeditious determination. However, it cannot be used to deprive a party the right to a trial. Justice Borins highlighted this important principle in Aguonie v. Galion Solid Waste Material Inc., supra, at para. 35: Summary judgment, valuable as it is for striking through sham claims and defences which stand in the way to a direct approach to the truth of a case, was not intended to, nor can it, deprive a litigant of his or her right to a trial unless there is a clear demonstration that no genuine issue exists, material to the claim or defence, which is within the traditional province of a trial judge to resolve. DECISION:
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