Fallout from a Supreme Court of Canada decision will see easier and faster applications for summary judgments, resulting in reduced court costs, Toronto employer lawyer Doug MacLeod tells the Toronto Star.
“Plaintiffs can choose to have their case resolved quickly and keep legal costs down via a summary judgment motion, or roll the dice and see where the courts are going to end up on punitive damages two or three years from now,” MacLeod, principal at MacLeod Law Firm, tells the newspaper in a story focused on Hryniak v. Mauldin, 2014 SCC 7.
The January decision clarifies the use of summary judgment in civil litigation and is expected to have a profound impact on employment law. The story maps out the steps a litigant must take in a traditional approach on a wrongful dismissal case.
“It could take several years to get to trial depending on where in the province you bring your case,” MacLeod observes.
Now, the story notes: “A motion for summary judgment can be filed as soon as the statement of claim and statement of defence have been exchanged.”
This will dramatically cut time and costs.
“You could probably have the motion heard three to six months later if everything falls into place,” says MacLeod in the Star.
