Summary Judgment

This precedent factum 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 proportianality 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.

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 19 pages in length and cites 32 different cases. A must-have for any civil litigator.

Preview SUMMARY JUDGMENT FACTUM

Cost: $375 + HST