Post Combined Air and The New Summary Judgment Test: What's Happened So Far and Next Steps (Archived Video Stream) 

Sep. 12, 2012
Toronto Online


This is the archived version of a program presented on September 12, 2012.  This will not become available until 2 weeks after the orginal program date.  To order this format please click on the "REGISTER NOW" button.   

On December 5 2011, the Ontario Court of Appeal released an important decision in Combined Air Mechanical Services Inc. v. Flesch. This decision established a new summary judgment test: the “full appreciation” test. Esteemed judges and experienced practitioners will offer practical tips on how to effectively prepare for and argue a summary judgment motion in the context of the new test. This video will benefit new advocates as well as seasoned veterans as it discusses key elements of the summary judgment motion, including the mini-trial, judicial interpretation of the “full appreciation” test, a review of recent motions, and the trial narrative.  This video is invaluable to those practicing in any area of Civil Litigation.

Program Chairs:
Carole Piovesan, McCarthy Tétrault LLP
Michelle Simard, Krylov & Company

Part One:  The New Standard – Understanding The “full appreciation” Test
The Mechanics

  •     Reviewing Rule 20 and Summary Judgment Early Treatment (Pizza, Pizza; Irving Ungerman; Dawson v. Rexcraft, Aguioni)
  •     What’s the new test, the category of cases, and long term gain?
  •     The applicability of Rule 20 in different areas of law and the cost consequences
The Honourable Robert Sharpe, Ontario Court of Appeal

Nuts and Bolts of Mini-Trial

  •     Experience to date with summary judgment motions in the Superior Court of Justice
  •     What is working and what is not
  •     Does the "mini-trial" have a future?
The Honourable Mr. Justice David Brown, Superior Court of Justice

Common Pitfalls

  •     Three member panel discussion on pros and cons of oral and written advocacy
  •     Question period
Lee Akazaki, Gilbertson Davis Emerson LLP
Ari Krajden, Zarek Taylor Grossman Hanrahan LLP
Matthew Milne-Smith, Davies Ward Phillips & Vineberg LLP

Part Two:  The Next Step – Applying The “full appreciation” Test

What Case is Appropriate? (Bruno v. Cassels; 394 Lakeshore v. Misek)

  •     When is it too premature?  The need to not abuse
  •     Managing client expectations?
  •     Checklist for determining Summary Judgment Route
Sarit Batner, McCarthy Tétrault LLP
Moya Graham, McCarthy Tétrault LLP

Trial Narrative

  •     What is it and its effect?
  •     Strategies to convince a Judge its required
  •     Tips for a good narrative
Tamara Ramsey, Chitiz Pathak

Recent Motions Applying the Test

  •     Three member panel discussion on experiences and practical tips with the new test
  •     Question period
The Honourable Mr. Justice Edward Belobaba, Superior Court of Justice
Gardner Hodder, Hodder Barristers
Allan Rouben, Barrister & Solicitor

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    For 1 to 3 Participants
    CBA Member: $145*
    Non-Member: $185*

    For 4 or more Participants
    CBA Member: $195*
    Non-Member: $250*
    E-Materials included in the registration fee
    *plus applicable taxes

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