Summary Judgment Revisited: Combined Air v. Flesch, Ontario Court of Appeal
Osgoode Professional Development Teleseminar, York University
January 24, 2012
Toronto, ON
Event participants:
Berkley D. Sells
Berkley Sells moderates a teleseminar discussing the Ontario Court of Appeal summary judgement for Combined Air v. Flesch. The teleseminar's panel examines the decision's implications, discussing:
- Gaining a full appreciation of the new "full appreciation" test
- Determining what cases will now be appropriate for summary judgment
- Where are we now relative to the pre-rule change state?
- The fate of the "mini-trial": when and how it can be used
- What exactly is a "trial narrative", and how will you persuade a judge that it is necessary or unnecessary to resolve a case?
- How clear is the guidance given, and is there room for further refinement?
- Does the court's decision assist with the underlying civil justice reform goals of increasing efficiency, proportionality and access to justice?
- What we can learn from the disposition of the five specific appeals at issue
- Recent motions applying the new test
- How will this case impact on other areas of civil practice and procedure?
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