Motion for Summary Judgment Part 1: The Basics. Legalese Translator Ep. 22

Not all lawsuits end in a full trial, with live witnesses etc. In civil litigation, a dispute may also be resolved by a judge in a "motion for summary judgement". Lawyer Heather Douglas explains the basic concept behind a motion for summary judgement. The Supreme Court test from the court case Hryniak v Mauldin will also be discussed.

(The legal information provided in our videos is based in Ontario, Canada)

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TImestamps

0:00 Introduction
1:13 see our previous video explaining what a motion is:    • What is a Motion? Legalese Translator...  

1:27 What is a Motion for Summary Judgement?

This is a procedural mechanism to weed out cases that have no chance of success. It is a motion to end claims that are not factually supported

2:37 Legal Test for Summary Judgement based on Hryniak v Mauldin 2014, SCC (codified in Ontario Rules of Civil Procedure Rules 20.04(2)(a))
- Is there a genuine issue requiring a trial based on the evidence in the motion record?
-If yes, can the need for a trial be avoided using the powers under RCP Rule 20.04(2.1)(2.2)? Including a) obtaining oral evidence from a small number of key witnesses; b) determining whether motion will have a significant impact on whether a trial is granted; and c) is the issue narrow and discrete?

6:04 Example of an Application of the Test (medical negligence claim)


LINKS
Supreme Court Landmark case on summary judgment
Hryniak v. Mauldin, 2014 SCC 7
• http://canlii.ca/t/g2s18
• https://commentary.canlii.org/w/canli...)


Westlake v. Ellicock, 2022 ONSC 1980 (CanLII), https://canlii.ca/t/jnf36

Mason v. Perras Mongenais, 2018 ONSC 1477
http://canlii.ca/t/hqt03

Sweda Farms v. Egg Farmers of Ontario, 2014 ONSC 1200
http://canlii.ca/t/g4bdw

Rahimi et al. v Hatami et al., 2015 ONSC 4266
http://canlii.ca/t/gjvlj

Speakers
Heather Douglas
heatherdouglas.com
Heather Hui-Litwin
Litigation-help.com
Thanks to K. Wong (J.D. Candidate Osgoode) for helping with timestamps!