What is a summary judgment motion and when can you use it in Ontario?
A summary judgment motion asks the court to decide all or part of a case without a full trial. The moving party argues that there is no genuine issue requiring a trial — either because the facts are clear and undisputed, or because the other side's case has no real prospect of success.
Ontario courts have broad powers on summary judgment motions, including the ability to weigh evidence, draw inferences, evaluate credibility, and call oral evidence. Courts can grant judgment in favour of either party, dismiss the motion, or order that only certain issues go to trial.
Summary judgment is a powerful tool when used appropriately. It can save enormous time and cost compared to a full trial. However, it is not appropriate in every case — if there are genuinely disputed facts that require a credibility assessment after hearing live witnesses, a court may find a trial is necessary. Courts also consider whether the time and cost of the motion itself is proportionate to what is at stake. A litigation lawyer can assess whether your case is a good candidate for summary judgment.
Key takeaways
- Summary judgment resolves a case without a full trial when there is no genuine triable issue.
- Ontario courts have broad powers at the summary judgment stage.
- It saves time and cost but is not suitable for every dispute.
- Courts consider proportionality — whether the motion is cost-effective for the stakes involved.