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One of the tools parties use to shorten the length of civil
actions is to resolve their disputes by way of summary judgment.
The Supreme Court of Canada s clarion call for timely and
affordable justice in
Hyrniak v. Mauldin, 2014 SCC 7,
promoted the use of summary judgment as a way to dismiss or allow
actions that could be resolved in the context of a
“mini-trial”.
But motions for summary judgment may have become the victim of
their own success.
A recent trend in Ontario appellate case law has repeatedly