In what circumstances will a judge order a summary judgment in an application arising from a breakdown in the relationship between the parties?
Ontario, Canada
The following excerpt is from Nienkamper Furniture & Accessories Inc. v. Muller, 2009 CanLII 22564 (ON SC):
In the case of Montesano v. Montesano, [2006] O.J. No. 2639 (S.C.J.), Madam Justice Spies had motions before her concerning two proceedings – an action and an application - arising out of the breakdown of the relationship between the parties. She had to consider how to deal with the two different proceedings. In Justice Spies’ opinion, it was premature to convert the entire application into an action. Notwithstanding that there would undoubtedly be facts in dispute, it was possible that there was an issue that could be determined in a summary proceeding, thus saving the time and expense of a trial. She indicated that it would be up to the judge hearing the application to decide whether or not to direct a trial of an issue and if so, which issue or issues.
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