What authorities have been considered in support of a summary judgment motion?

Ontario, Canada


The following excerpt is from McKenna v. Gammon Gold Inc., 2009 CanLII 66994 (ON SC):

All of the authorities referred to by the defendant were considered by Cullity J. in Martin v. Astrazeneca Pharmaceuticals PLC and none of them is inconsistent with his conclusions in that case. None of those cases gives particular consideration to the issue of timing of the summary judgment motion. In each of them, the summary judgment motion was capable of disposing of the entire action.

I respectfully agree with the analysis of the authorities and the conclusions reached by Cullity J. in Martin v. Astrazeneca Pharmaceuticals PLC. The question is whether I should exercise my discretion to permit the summary judgment motion to proceed at the same time as the certification motion. I have decided that the summary judgment motion should not proceed before certification.

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