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Yes summary judgment is fast, but not always best for wrongful dismissal

Tuesday, January 23, 2018 @ 9:32 AM | By Nicole Simes

When the Supreme Court in Hryniak v. Mauldin 2014 SCC 7 rewrote the law on summary judgment, it opened the doors to a fast and cost-effective method of obtaining judgment for terminated employees. Since then, courts across Canada have specifically recognized that straightforward wrongful dismissal cases are particularly well-suited for summary judgment.

However, the Ontario Court of Appeal has repeatedly scaled back the option of summary judgment.

First, in Baywood Homes Partnership v. Haditaghi 2014 ONCA 450, the Court of Appeal held that affidavit evidence can obscure...