The costs fallout of an abandoned summary judgment motion
judgment Tag Archives
Sanzone v. Schechter, 2016 ONCA 566
This appeal to set aside a dismissal granted at a summary judgment motion was allowed on the basis that the respondents failed to present evidence going to the merits of their defence but instead attempted to compel the appellant to deliver an expert report and show that she has not done so.
Baradaran v. Alexanian 2016 ONCA 533
The Court of Appeal confirmed that it is inappropriate to treat a motion to strike portions of a Statement of Claim as a summary judgment motion by examining evidence on the merits of the action.
Gomez v Vandelden, 2016 ONSC 1966 (CanLII)
Despite concerns regarding the credibility of the parties, Justice Dow grants Summary Judgment in “very exceptional case where the paper record was sufficient to reach a fair conclusion”
Ding et al v. John Doe et al, 2016 ONSC 1690 (CanLII)
Summary judgment was granted dismissing the Plaintiff’s action pursuant to the unidentified driver provisions of the Plaintiff’s policy.
Forestall v. Carrol, 2015 ONSC 5883 (CanLII)
Released September 23, 2015 | Full Decision Rarely will leave to appeal be granted from the decision to dismiss a summary judgment motion. Normally, the moving party lives to fight the issue on the merits another day. This was the rare case. The issue was discrete but central in the proceedings. It would speed the resolution of a long standing case. In 2005, a collision …