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Effecting a Culture Shift---An Empirical Review of Ontario's Summary Judgment Reform

Posted on:2017-08-06Degree:LL.MType:Thesis
University:University of Toronto (Canada)Candidate:MacKenzie, BrookeFull Text:PDF
GTID:2476390017460493Subject:Law
Abstract/Summary:
This paper presents an empirical analysis of all reported summary judgment decisions in Ontario between 2004 and 2015, in order to explore whether amendments to the court rules actually achieved their intended effects of improving the efficiency and effectiveness of dispute resolution and making the civil justice system more accessible and affordable. By reviewing trends in the number and outcomes of summary judgment motions throughout the study period, we can conclude that the amendments to Ontario's summary judgment rules have made strides towards their intended goal. We observe an increase in the number of summary judgment motions determined, an increase in the number of summary judgment motions granted, and, broadly, an increase in the proportion of successful summary judgment motions since the reforms. The data analyzed in this study demonstrate that the "culture shift" promoted by the Supreme Court of Canada following the implementation of the new rule is underway.
Keywords/Search Tags:Summary judgment, Ontario
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