Tag: trial judge

22 Aug

Hull on Estates #527 – Expert Witnesses and the Gatekeeper Role of the Trial Judge

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Today on Hull on Estates, Paul Trudelle and Doreen So discuss expert witnesses and the gatekeeper role of the trial judge in the Court of Appeal decision in Bruff-Murphy v. Gunawardena, 2017 ONCA 502.

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25 Aug

Interpretation of Rule 20 – Summary Judgment

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In one of my blogs earlier this summer, I discussed the new Rule 20 of the Rules of Civil Procedure with respect to summary judgment and the two approaches to its interpretation. One takes a narrow view that the test has not changed much, and the other, more expansive view, is that the new rule significantly expands the powers of the motion judge. 

Pursuant to an order of the Honourable Associate Chief Justice for Ontario, the Ontario Bar Association (“OBA”) was appointed as Amicus Curiae to render assistance to the Court on the meaning and scope of Rule 20 in the group of five appeals heard by the Ontario Court of Appeal this summer. The Court’s decision will interpret Rule 20 and provide some guidance regarding the scope of the new powers and the implications for the rest of the proceeding.

In its factum, the OBA does not comment on the merits of the individual appeals but does address the following issues:

1.      Whether the test for summary judgment has changed in that once a motion judge has exercised the powers under Rule 20.04 (2.1) & (2.2), is there any limitation on his or her ability to find facts and to grant or refuse judgment that would not apply to a judge who has conducted a full trial?

2.      When is it appropriate for the motion judge to weigh evidence, evaluate and draw reasonable inferences in order to grant or refuse summary judgment under Rule 20.04(2.1)?

3.      When is it appropriate to hear evidence under Rule 20.04(2.0)?

4.      What are the principles to be considered in issuing orders under Rule 24.05?

For the answers to these questions and more, see the factum for yourself here.

We will be looking forward to hearing from the Court of Appeal itself on these issues. Stay tuned.

Sharon Davis – Click here for more information on Sharon Davis

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