Motion for Summary Judgment Part 1 The Basics Legalese Translator Ep 22

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NEW: Recording of live workshop What is a Factum (Sept 7 2024) is now available in our Shop • https://litigation-help.com/product/w... • Not all lawsuits end in a full trial, with live witnesses etc. In civil litigation, a dispute may also be resolved by a judge in a motion for summary judgement . Lawyer Heather Douglas explains the basic concept behind a motion for summary judgement. The Supreme Court test from the court case Hryniak v Mauldin will also be discussed. • (The legal information provided in our videos is based in Ontario, Canada) • Warning: The videos on Litigation Help are intended to provide general legal information only. They are not substitutes for legal advice from a legal professional. We do not warrant the accuracy of any of the information in the videos. They are entertainment, informational videos only meant to provide some context to common legal terms or doctrines. If you require legal help, please consult a professional directly. • TImestamps • 0:00 Introduction • 1:13 see our previous video explaining what a motion is: • What is a Motion? Legalese Translator... • 1:27 What is a Motion for Summary Judgement? • This is a procedural mechanism to weed out cases that have no chance of success. It is a motion to end claims that are not factually supported • • 2:37 Legal Test for Summary Judgement based on Hryniak v Mauldin 2014, SCC (codified in Ontario Rules of Civil Procedure Rules 20.04(2)(a)) • Is there a genuine issue requiring a trial based on the evidence in the motion record? • -If yes, can the need for a trial be avoided using the powers under RCP Rule 20.04(2.1)(2.2)? Including a) obtaining oral evidence from a small number of key witnesses; b) determining whether motion will have a significant impact on whether a trial is granted; and c) is the issue narrow and discrete? • • 6:04 Example of an Application of the Test (medical negligence claim) • • LINKS • Supreme Court Landmark case on summary judgment • Hryniak v. Mauldin, 2014 SCC 7 • • http://canlii.ca/t/g2s18 • • https://commentary.canlii.org/w/canli...) • • Westlake v. Ellicock, 2022 ONSC 1980 (CanLII), https://canlii.ca/t/jnf36 • Mason v. Perras Mongenais, 2018 ONSC 1477 • http://canlii.ca/t/hqt03 • Sweda Farms v. Egg Farmers of Ontario, 2014 ONSC 1200 • http://canlii.ca/t/g4bdw • Rahimi et al. v Hatami et al., 2015 ONSC 4266 • http://canlii.ca/t/gjvlj • Speakers • Heather Douglas • heatherdouglas.com • Heather Hui-Litwin • Litigation-help.com • Thanks to K. Wong (J.D. Candidate Osgoode) for helping with timestamps!

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