Chsherbinin Litigation BarristersNorth York, ON · June 23, 2023Availability of Summary Judgment in a Civil Jury Action, Law360 Canada (June 22, 2023)
A motion for summary judgment is a procedural tool that enables litigants to obtain judgment without the forensic machinery of a trial. Section 108(1) of the Courts of Justice Act (CJA) grants a civil litigant a substantive right to have issues of fact to be tried or the damages assessed by a jury. Courts would not interfere with that right without compelling reasons.
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