Following the release of the SCC decision in Hryniak in January of this year, the widely held view was that the decision would deal a death blow to trials in Canada and would open the floodgates to summary judgment motions.
The Advocates’ Journal Summer 2014 has run an interesting piece by Jonathan Lisus which suggests that, on the contrary, Canadian courts and creative counsel are using the Hryniak to craft procedures that bring cases to trial in a more efficient and cost effective way, than has any other access to justice initiative.
After reviewing the treatment of the SCC decision . . . [more]