Be Careful:  Summary Judgment Motions and Simplified Procedure Do Not Always Mix

A recent decision of the Ontario Court of Appeal highlights the risk of attempting to have a simplified procedure action decided by way of a summary judgment motion.

In Singh v. Concept Plastics Limited, 2016 ONCA 815 [“Singh”] the Court allowed the appeal of the respondent employer dismissing two motions for summary judgment brought by former employees. The Court found that the motion judge failed to assess the fairness of deciding the actions by way of summary judgment in the context of the simplified rules procedural constraints under Rule 76.04 of the Rules of Civil Procedure (“Rules”).

A party may have an action, or part of an action, decided by way of summary judgment motion if there is no genuine issue for trial. Evidence is generally put before the court by way of affidavit rather than oral testimony.

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