The Federal Court of Appeal recently took the opportunity to clarify the procedure and criteria for determining whether a summary judgment motion is “appropriate”. Even 10 years after the Federal Courts Rules were amended to include summary judgment and trials, the Federal Court of Appeal noted that procedure “is rather unclear”.
In 2009, the Federal Courts Rules were amended to include motions for summary judgment and summary trials. For summary judgment, the rules (see Rule 215) provide that the Court shall grant judgment where the Court is satisfied that there is no genuine issue for trial with respect to . . . [more]