What is a summary judgment motion in Ontario and when is it useful?

A summary judgment motion is a way to resolve a civil case — or a significant part of it — without going through a full trial. Under Ontario's Rules of Civil Procedure, any party can bring a summary judgment motion arguing that there is no genuine issue requiring a trial. The court decides the motion based on affidavit evidence, cross-examinations on those affidavits, and legal argument.

Summary judgment is useful when the key facts are not genuinely disputed and the case turns primarily on a legal question, or when the evidence is so clear on the facts that no reasonable trier of fact could decide otherwise. If successful, summary judgment disposes of the case (or the specific issue) more quickly and cheaply than a full trial.

The Supreme Court of Canada has clarified that Ontario courts should grant summary judgment in cases where doing so is a proportionate, more expeditious, and less expensive means of achieving a just result. Courts have broadened their use of summary judgment as a result.

Summary judgment is not appropriate for every case. Cases with genuine disputes over credibility, complex competing factual accounts, or live expert evidence questions typically still require trial. A lawyer can assess whether a summary judgment motion is strategically appropriate and cost-effective in your situation.