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Summary Judgment - A Tool to Avoid Unnecessary Trial

What is Summary Judgment?

People sue others for a variety of reasons, including money, harm to their property or corporate reputation, or an accident, among others. They rely on the courts and the law. In terms of time, as the courts have been increasingly overburdened over the years, it now takes months for hearings to be scheduled or paperwork to be processed.

Costs, on the other hand, can quickly spiral out of control in highly contested cases. As a result, it is critical that parties approach their costs in a reasonable manner. In view of these phenomena, summary judgments come to the light.

What is the definition of summary judgment?

A summary judgment is a procedure that allows any of the claimants (you or your opponent) – or the court – to resolve all or part of a matter without having to go to trial. Both parties to the lawsuit are covered by the order.

The Summary Judgment is not confined to the Plaintiff's claim but also includes the defendant's counter-claim. A party's application for Summary Judgment is filed not only to decide a claim or counter-claim but also to obtain a response to any specific question on which the claim is based.

What Is the Process for Getting a Summary Judgment?

When there are no more facts to be tried, summary judgment is awarded. There's no way to get further information because all of the necessary statements and evidence are already in front of the judge.

When the facts can be decided without going to trial, and the other party would lose owing to a lack of evidence, summary judgment is given. Summary judgment must be denied if it is not evident that there is no more evidence.

The following are the primary considerations that the court will make:

A claim, issue, or defence to a claim, issue, or defence to a claim, issue, or defence to a claim, issue, or defence to a claim, issue, or defence to a claim, issue, or defence to a claim, issue, or defence to a claim, issue, or

It's worth noting that if you're the applicant (the party seeking summary judgment), you have the burden of proof (onus) to prove all of the above.

What are the relevant court rules in terms of summary judgments?

The Civil Procedure Rules (CPR) contain the important court rules in connection to summary judgment that you should be aware of. The following are the important rules, along with links to the CPR's pertinent pages:

  • CPR 24.2 – Summary judgment reasons

  • CPR 3.3(1) & (4) – Contains the court's authority to issue an order for summary judgment on its own motion.

  • CPR 1.4 - Establishes the court's responsibility for case management, which includes summarily dismissing cases.

Types of Summary Judgments

There are two fundamental forms of summary-judgment motions from a tactical standpoint. One demands a comprehensive evidence presentation, while the other merely requires a restricted, targeted one.