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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...

June 10, 2014

The Court of Appeal Has Misgivings About Summary Judgment

In its landmark decision in Hryniak v. Mauldin, 2014 SCC 7, the Supreme Court of Canada held that summary judgment offered a viable process for adjudication in many civil claims. The Court overturned the decision of the Ontario Court of Appeal, saying the Court had “placed too high a premium” on the “full appreciation” of...

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...