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July 31, 2014

The Tension at the Heart of the Civil Justice System

There is a tension at the heart of the civil justice system. On the one hand, the system exists to resolve disputes on their merits. On the other hand, time limits imposed by the Rules of Civil Procedure or court orders must be respected, otherwise they will cease to have any meaning. Judges are faced...

June 24, 2014

A Commentary on Hryniak v. Mauldin

The latest issue of The Advocates’ Journal has a commentary on the Supreme Court of Canada decision in Hryniak v. Mauldin by Jonathan Lisus. Mr. Lisus asks: “How will litigation history judge the decision – as a requiem for the vanishing trial or as a catalyst for modern trial procedure?” It’s fair to say that...

February 24, 2014

Hryniak v. Mauldin: An Update on Culture Shift

In its important decision in Hryniak v. Mauldin, 2014 SCC 7, the Supreme Court of Canada signalled the need for lawyers and judges to re-think their approach to the civil justice system in order to provide timely and affordable access to the courts. This “culture shift” entailed simplifying pre-trial procedures and “moving the emphasis away...

January 24, 2014

Summary Judgment and the Civil Justice System in Canada

The decision of the Supreme Court of Canada in Hryniak v. Mauldin, 2014 SCC 7, is an important one for civil litigators throughout the country. The case was about changes to the Ontario Rules of Civil Procedure on the use of summary judgment, however, the Court took the opportunity to discuss the values that underlie...