OCA gives teeth to new summary judgment rules

Published Dec 07, 2010 • < 1 minute read

The Ontario Court of Appeal’s recent decision in Liu v. Silver demonstrates how motion judges can make use of their broader powers to evaluate evidence at summary judgment hearings under Ontario’s new Rules of Civil Procedure. The case involved the application of the “discoverability” principle to limitation period defences and overrides the 1998 decision in Aguonie v. Galion Solid Waste Management Inc. where the court held – – – under the old Rules – – – that discoverability was not an appropriate issue for resolution by summary judgment.

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