Excellence in Litigation
Christopher Whibbs of Brown & Partners LLP, on behalf of defendant Lara Blanch, brought a motion for summary judgment to dismiss the plaintiff’s claim and the defendant Israel Yusopov’s crossclaim against Ms. Blanch on the basis that there is no genuine issue requiring a trial.
The defendant Blanch was driving the plaintiff, a front seated passenger, when her vehicle was struck from behind by a motor vehicle operated by the defendant Israel Yusopov.
Written by Jennifer Beresford.
In 2010, the Ontario Rules of Civil Procedure were amended to promote the use of summary judgment in effort to promote proportionality in adjudication and access to justice. Over the interceding years, Ontario courts released a variety of cases which imposed limits on the use of summary judgment motions. Finally, the Supreme Court of Canada has restored the power of the 2010 amendments. In Hryniak v. Mauldin the Supreme Court of Canada significantly expanded the application of the summary judgment procedure in Ontario. [Read more…]
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