Document editing and changes required ( preparing a study guide)

Attached is notes from a power point that need to be turned into a format that is comprehensive, neat, and clear for studying from. Please turn the following into a comprehensive study guide by editing out any repeated, or unecessary things. (EG remove pictures or repeated titles . edit out repeating information etc). Format should be Headings, subheadings, and points.

CHAPTER 7SUMMARY JUDGMENT

Summary Judgment

• Summary judgment defined
• When to use summary judgment
• How to bring a summary judgment motion to court
• What happens at the motion
• Possible outcomes on a summary judgment motion

Summary Judgment Defined

• Under Rule 20, a party is permitted to bring a summary judgment motion to a judge to try to obtain a judgment without a trial where there is no genuine issue requiring a trial
• Reduces the number of cases that go to trial, so saves time and

money

When to Use Summary Judgment Motions

• Where the plaintiff or defendant believes that the pleadings and the case of the opposite side DO NOT disclose a genuine issuerequiring a trial
• Useful for plaintiffs in debtor-creditor cases against defendants who have dubious defences or by defendants where claim is bogus
• Can bring motion in ordinary or simplified procedure cases
• Bring motion after pleadings have closed

How to Bring a Summary Judgment Motion to CourtRule 20

• Preparation of a notice of motion (page 170) and affidavit

(page 172) by plaintiff or defendant as moving party

• Rules 37 and 39 regarding motion and evidence
• Relevant documents should be exhibits to affidavit they are evidence
• Responding party may serve affidavit in reply
• Motion record to contain relevant documents from both parties

How to Bring Summary Judgment Motion to Courtcontinued

• Consider using an affidavit of documents and a documents brief
• File affidavits of service
• If there are cross-examinations, book them in, order transcripts, and file a supplementary notice of motion with transcripts of the cross-examinations attached
• Judge may read affidavits and any transcripts and hear submissions but he or she also has the power to hold a mini trial and hear oral evidence from affiants on their affidavits

What Happens On a

Summary Judgment Motion?

• Moving party must show court that there is no genuine issue requiring a trial
• Judge will review pleadings and affidavits and any transcripts and may order a mini trial to weigh and assess evidence, make credibility findings, and draw inferences from the evidence
• Motion is before a judge in most cases because a master cannot determine issues of law nor assess credibility

Possible Outcomes of

Summary Judgment Motions

1. The action is dismissed
2. The motion is dismissed and the action continues as is
3. Judgment is granted
4. Judgment is granted with a reference for the taking of accounts for complex financial transactions
5. Make orders to expedite the triale.g., the court may make an order deeming certain facts to have been admitted, thereby dispensing with the need for proof

Possible Outcomes of Summary Judgment Motionscontinued

1. Adjourn motion, perhaps on terms of paying some money into court
2. Court may order regular (partial indemnity) costs be paid

ppt 2. Chapter 7: Summary Judgment

• Sought after pleadings have closed
• Summary Judgment: go straight to judgment on all or partof a claim
• Either Plaintiff or Defendant may seek Summary Judgment
• Defendant usually seeks to dismiss Plaintiff's Claim
• Sought on a Motion, based on Affidavits and Documentary Evidence

Purpose of Summary Judgment

Where pleadings do notdisclose a genuine issue requiringtrial

intended to move cases along

Do not spend time/money on a trial where unnecessary

Useful where only real issue is the Amount of Debt

Enables Judgment-Creditor to proceed with Enforcement efforts

When to Use Summary Judgment Motions

• Where litigant believes that the pleadings and the case of the opposite side DO NOT disclose agenuine issue requiring a trial
• Useful in debtor-creditor cases:
• for plaintiffs against defendants who have dubious defences
• or for defendants against plaintiffs with a bogus claim s
• Used in both ordinary or simplified procedure cases

4

Small Claims Court vs. Superior Court

Superior Court:

• Rule 20: Summary Judgment

Rules for Simplified Procedure are subject to Rule 20

Small Claims Court:

• Rule 12: Amendment, Striking Out, Stay and Dismissal

There is no Rulefor Summary Judgment in Small Claims Court!

Article on topic by Miller Thomson law firm:http://www.millerthomson.com/en/blog/mt-litigationhttp://www.millerthomson.com/en/blog/mt-litigation-blog/2014-archives/summary-judgment-and-small-claims-courtblog/2014-archives/summary-judgment-and-small-claims-court

How to Bring a Summary Judgment Motion to Court: Rule 20

• Preparation of a notice of motion(page 179) and affidavit

(page 182) by moving party

• Rules 37 and 39 apply, regarding motion and evidence
• Motion record to contain relevant documents from both parties
• Relevant documents should be exhibits to affidavit they are evidence
• Responding party may serve affidavit in reply

5

How to Bring Summary Judgment Motion to Courtcontinued

• Consider using an affidavit of documents and a documents brief
• File affidavits of service
• If there are cross-examinations, book them in, order transcripts, and file a supplementary notice of motion with transcripts of the cross-examinations attached
• Judge may read affidavits and any transcripts and hear submissions but he or she also has the power to hold a mini trial and hear oral evidence from affiants on their affidavits

7

What Happens On a Summary Judgment Motion?

• Moving party must show court that there isno genuine issue requiring a trial
• Judge will review pleadings and affidavits and any transcripts and may order a mini trial to weigh and assess evidence, make credibility findings, and draw inferences from the evidence
• Motion is before a judge in most cases because a master cannot determine issues of law nor assess credibility

7

Summary Judgment

Court may:

• Dismiss Action or Grant Judgment
• Determine questions of law and/or fact (judges, but not masters)
• Make Orders to move proceedings forward
• Determine damages or Order payment

Possible Outcomes of Summary Judgment Motions

1. The action is dismissed
2. The motion is dismissed; the action continues, as is
3. Judgment is granted
4. Judgment is granted with a reference for the taking of accounts for complex financial transactions

8

Possible Outcomes of Summary Judgment Motionscontinued

1. Orders given to expedite the triale.g., the court may deem certain facts have been admitted, thereby dispensing with the need for proof
2. Adjourn motion, perhaps on terms of paying some money into court
3. Order regular (partial indemnity) costs be paid

Superior Court: Process for Summary Judgment

"Motion"

• Process before a Judge, with Legal Arguments and Affidavit Evidence
• Occurs within Court proceedings; a subset of the trial
• Usually to determine legal questions ("questions of law"), or procedural questions, or to seek a Court Order or Direction

Superior Court: Process for Summary Judgment

"Affidavit"

• A written statement of facts, sworn as being true by the individual making the statement (the "Affiant" or "Deponent")
• Should be sworn by Individual with direct knowledgeof statements

Superior Court: Process for Summary Judgment

"Affidavit of Documents"

• A sworn statement listing all documents relevant to the proceeding - Documents that the party will rely upon as evidence are attached
• Categories:
  1. documents the Affiant has possession or control of;
  2. documents the Affiant does nothave possession or control of;

and

1. documents that are "privileged"