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"The Supreme Court of Canada Breathes New Life into Summary Judgment"


Area Litigation


Article originally published in Canadian College of Construction Lawyers, February 2014

Excerpt from:  "The Supreme Court of Canada Breathes New Life into Summary Judgment":

The Supreme Court of Canada released its anticipated decision in Hyrniak v. Mauldin, breathing new life into summary procedures.  Calling for a “shift in culture” toward increased access to justice, the Supreme Court held that “summary judgment rules must be interpreted broadly, favouring proportionality and fair access to the affordable, timely and just adjudication of claims."  This shift in culture will undoubtedly affect construction claims.  Those practicing construction litigation should be ready to deal with more summary judgment applications utilizing new principles.

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