Summary Judgment

Effective October 2022, we released a new update to this precedent!

This Moving Party’s Factum on Summary Judgment provides you with a solid foundation for your argument in support of summary judgment.

The precedent starts with up-to-date law on the purpose of Rule 20, as well as all of the tests and law applied in every summary judgment scenario under Rule 20.04. Next, the precedent moves on to the test for granting summary judgment, including the “culture shift” as pronounced by the Supreme Court of Canada in Hryniak (2014), as well as the expanded powers given to motions judges on Rule 20 motions as set out in the Rules of Civil Procedure. The precedent pronounces the procedure to be followed on a summary judgment motion, as well as the law on the burden of proof. The principle of proportionality is also addressed, thwarting the notion that all large, complicated cases must go to trial, while small, single-issue cases should not. This precedent is updated regularly so that each test and concept advanced in argument is buttressed by recent and relevant case law.

Several new cases have been added. Concepts include:

  • Confirmation by the Ontario Court of Appeal that it is not enough for the parties to agree to proceed by way of Summary Judgment, and that the court must agree that a determination of the case by way of Summary Judgment is appropriate;
  • Confirmation by the courts that a Jury Notice is not relevant to the determination of a motion for Summary Judgment, and cannot be used to escape a motion for Summary Judgment; and
  • A newly added section entitled Evidence on the Motion, which outlines the principles governing what type of evidence is admissible on a Summary Judgment Motion; how courts screen inadmissible evidence; and how to deal with expert evidence.

TVA | Precedents save you time

Busy counsel can use this precedent again and again, and are required only to add their own facts, and any additional case law that may be specific to their particular fact scenario. You are merely required to choose the paragraphs relevant to your case under the rule, and remove the rest. This precedent has been reviewed and approved by a retired Justice of the Ontario Superior Court of Justice, who has over 20 years experience on the bench, and 23 years as a civil litigator before that. It is 26 pages in length and cites 52 different cases. A must-have for any civil litigator.


Cost: $375 + HST