New Rules Apply to Summary Judgment Motion Served in 2009 but Heard in 2010

This law will probably have a short shelf life, but it is topical right now. In Onex Corporation v. American Home Assurance, Justice Edward Belobaba has held that a motion for summary judgment that was served in 2009 but to be heard in 2010, now that the Rules of Civil Procedure have been substantially amended, will be governed by the new provisions.

A key influence on  Justice Belobaba’s decision was the fact that, unlike the amendments to the Rules that took place in 2004, this set of amendments contains no equivalent provision to s. 156(3) of the Courts of Justice Act, which read:  “the court … may order, subject to such terms as are considered just … that the proceeding be conducted under the [old rules] or make any other order that is considered just.”

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