What is summary judgment and can it end my case without a full trial in Ontario?

Summary judgment is a procedure in Ontario civil litigation that allows a court to decide a case — or a specific issue in a case — without a full trial, where there is no genuine issue requiring a trial. Either party can bring a motion for summary judgment; if successful, the moving party wins (or defeats) a claim without the expense and delay of a full trial.

The key legal test is whether there is a genuine issue requiring trial. If the facts are undisputed or the legal question is clear-cut, the court may decide it on the motion. The 2014 Supreme Court of Canada decision in Hryniak v. Mauldin encouraged Ontario courts to use summary judgment more freely to promote proportionate, accessible, and timely justice. As a result, summary judgment motions succeed more often in Ontario than they once did.

A party opposing summary judgment must put their best evidence forward — they cannot rest on vague promises of better evidence to come at trial. If they fail to show a genuine dispute, the court will grant summary judgment. For defendants, a successful summary judgment motion can end a meritless claim early and recover a substantial portion of legal costs.

Summary judgment motions are complex and expensive in their own right; they require strong affidavit evidence and careful legal argument.