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

A summary judgment motion in Ontario is an application to a court to decide a case or specific issues without a full trial, on the basis that there is no genuine issue requiring a trial. It is a procedural mechanism under Rule 20 of the Rules of Civil Procedure that allows the court to resolve matters efficiently where the material facts are not in dispute and the legal question can be decided on a written record.

A party brings a summary judgment motion by filing a notice of motion, supporting affidavits, documentary evidence, and legal argument. The responding party files their own affidavit evidence and arguments. The court may also receive oral evidence in the form of cross-examinations on the affidavits. The judge decides whether a genuine issue requiring a trial exists. If not, the judge may grant judgment, dismiss the claim, or resolve specific issues, dramatically narrowing what goes to trial.

Summary judgment has expanded in Ontario following reforms that gave judges broader powers to weigh evidence and draw inferences. Courts have found that summary judgment is appropriate in many types of commercial disputes, straightforward debt actions, and contract disputes where the key facts are largely agreed and only legal interpretation is in dispute. However, in cases turning on disputed credibility — where the court must assess who is telling the truth — a full trial with live witnesses is generally required.