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August 25, 2014

Culture Shift in Action

The Supreme Court of Canada decision in Hryniak v. Mauldin, 2014 SCC 7, was nominally about the appropriate use of the summary judgment procedure in Ontario. In fact, the decision ventured more widely into whether the civil justice system could deliver timely and affordable adjudication for ordinary litigants. The system, the Court said, has become...

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...