Eleventh Hour Summary Judgment Motion May Be Too Late To Succeed
Summary judgment may be a quick way to shorten the litigation process and obtain a judgement, thereby ending a court proceeding. However, a 2016 case, involving the Estate of Douglas Tait illustrates that timing of such a motion is an important consideration.
The case, which was a medical malpractice case, began in January 2013 and progressed through all the relevant stages. Pleadings closed at the end of 2013, documents were exchanged and examinations for discovery occurred. The matter was listed for trial and a pre-trial date set. About a month prior to trial, the defendants moved for summary judgment.
The motion was unsuccessful. The judge noted that nothing in Rule 20, which allows summary judgment motions dictates when a summary judgment motion must occur.
Despite this absence, the judge ruled that it was not in the interests of justice to grant a summary judgment motion on the eve of trial, especially, as was the case, when at least part of the relief sought would still have to proceed to trial.
Each particular litigation proceeding is highly fact specific and it is prudent to consider all the factors including the appropriate timing of summary judgment motions. Failure to do so, could result in a significant cost award against the moving party.
Estate of Douglas Tait v Singh, 2016 ONSC 6472 https://www.canlii.org/en/on/onsc/doc/2016/2016onsc6472/2016onsc6472.pdf
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