Michael Eizenga L.S.M., William Bortolin and Mehak Kawatra co-author the second chapter of the 2023 edition of the Annual Review of Civil Litigation. Their chapter, titled "Proportionality in Pleadings Motions: Applying The Hyrniak Culture Shift to the Assessment of Novel Claims," discusses the impact of the Supreme Court of Canada's decision in Hryniak v. Mauldin on civil litigation, particularly regarding the proportionality principle.
The authors examine how courts have (and should) become more willing to assess novel legal claims at the pleadings stage to streamline the litigation process and reduce unnecessary legal expenses and delays. The article highlights recent appellate cases, such as Atlantic Lottery Corp. Inc. v. Babstock and Owsianik v. Equifax, which illustrate this shift and emphasize the importance of resolving legal questions early in the litigation process to achieve timely and affordable access to justice.
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