What is the test for a partial summary judgment?

Ontario, Canada


The following excerpt is from The Riverside Professional Centre Inc. v. The Ottawa Hospital, 2021 ONSC 1705 (CanLII):

The Court of Appeal has stated that partial summary judgments should be granted rarely. Very recently, on December 10, 2020 in Malik v. Attia, 2020 ONCA 787 at para 62 (released after this matter was heard), Brown J.A. stated that: When faced with a request to hear a motion for partial summary judgment, a motion judge should make three simple requests of counsel or the parties: i. Demonstrate that 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.

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