In Hryniak v. Mauldin (Hryniak), the Supreme Court of Canada (SCC) opened the door for courts to grant summary judgment whenever the record provides “the evidence required to fairly and justly ...

JBC case against Pak Cosmetic Centre will go to trial following a rejected application for summary judgment Pak maintained that the alleged counterfeit goods had been bought from JBC, and thus were ...

Specifically, "In those instances, there simply is no issue to be decided by a jury based on the evidence. A jury resolves factual, not legal, disputes. If a case involves no material factual disputes ...

In Dahlia Fashion Co Ltd v Broadcast Session Ltd, an application for summary judgment in a dispute over unregistered design rights has failed: although the defence advanced by the defendants ...

"ShipEx was simply wrong to assert that the court could grant summary judgment without prejudice based on an application of the factors in rule 41(b), and it led the court to adopt this error," said ...