Summary Judgment and Trotter Estate

by: , January 6, 2015

As expected, the Supreme Court of Canada’s major decision in Hyrniak v. Mauldin has led to an increased use of the summary judgement motion in Ontario. On a motion for summary judgement, a court disposes of a case without the need for a costly and time consuming hearing or trial. However, some recent court decisions…read more

The Paul Penna Estate: Summary Judgment Appealed

by: , December 16, 2008

Introduction In an earlier edition of Deadbeat,[1] I wrote a case comment on the decision of Greer J. granting partial summary judgment in the Estate of Paul Penna.[2]  The decision was appealed.  As recently reported in the Ontario Reports, the Court of Appeal (“C.A.”) dismissed the appeal.[3]  What follow is a consideration of the C.A.’s…read more