April 22, 2015

Is summary judgment appropriate for class actions?

Rebecca Jones is quoted in the April 20, 2015 issue of Law Times on summary judgements and class actions.

"In Hryniak v. Mauldin, the Supreme Court of Canada both liberalized and revitalized Canadian courts' approach to summary judgment. But most of the extensive commentary so far on the case's implications has focused on traditional litigation.

To be sure, there have been a few class actions resolved by summary judgment in Canada both before and after Hryniak, including the Ontario Court of Appeal's 2012 decision in Fairview Donut Inc. v. The TDL Group Corp. and the Alberta Court of Appeal's 2014 decision in Windsor v. Canadian Pacific Railway Ltd..."