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Fully Appreciating Ontario's New Summary Judgment Rule

July 2012

An explanation of the Court of Appeal's decision and its subsequent application

In December 2011, the Court of Appeal for Ontario provided much-needed clarification on the scope and purpose of Ontario's new summary judgment rule (Combined Air Mechanical Services Inc. v Flesch, 2011 ONCA 764). The issue was important enough that the Court joined together five very different appeals from summary judgment motions, and the appeals were heard by a rare five-judge civil panel. Published in the July 2012 edition of Civil Writes- the CBA National Civil Litigation Section Newsletter.

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