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Simon Shields, LLB

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Civil Procedure - Summary Judgment

Hunter-Rutland Inc. v. Huntsville (Town) (Ont CA, 2015)

In this case the Court of Appeal upheld the motion judge below who, when faced with a summary judgment motion by the defendant but none by the plaintiff, granted summary judgment to the plaintiff:
[5] First, there was nothing wrong with the motion judge granting judgment in favour of HRI in all the circumstances of this case. Had HRI brought its own motion for summary judgment, it is difficult to see how the argument and evidence would have been different given the scope of the issue involved. The jurisprudence supports the conclusion that a motion judge, on summary judgment motions, has the power to grant judgment for or against the moving party: see Whalen v. Hillier (2001), 2001 CanLII 24070 (ON CA), 53 O.R. (3d) 550 (C.A.).

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