Hammond v. Peabody 2017 Ont SCJ
Motions can be brought to set the ground rules for a motion for summary judgment. These motions can be used to obtain documents and set timetables for cross-examinations. However, the fact that there will be credibility issues and vastly divergent points of view are not reasons, in themselves, to deprive the moving party of its right to bring a summary judgment motion. That would be pre-judging the motion without knowing whether there will actually be credibility issues and divergent points of view. Similarly, the preliminary motion judge cannot make an order dealing with whether oral evidence will ultimately be given on any particular point; that is a decision for the summary judgment motion judge to make.
Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.