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Goodmans Publications

No Right to a Trial in Civil Litigation in Ontario

November-20-2014

Lawyer Jason Wadden
Area Corporate Finance and Securities, Litigation

Summary

The Ontario Superior Court of Justice has provided guidance on the significant implications of the Supreme Court of Canada’s (SCC) decision in Hryniak v. Mauldin, in which the SCC held that the new summary judgment rules fundamentally change litigants’ procedural rights.  In Baghbanbashi v. Hassle Free Clinic, the Honourable Justice F. L. Myers held that there is no longer a right to a trial in civil litigation in Ontario as a result of Hryniak.  While the outcome of the particular case is not significant for litigants generally, the Court’s comments regarding the “cultural shift” of litigation and the effect on parties’ procedural rights post-Hryniak is worth considering when assessing whether or not to pursue litigation.

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