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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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