1 total
Refusal of summary judgment was interlocutory and remitted for trial management.
In an appeal arising from a summary judgment motion in a commercial dispute, the panel held that an order refusing summary judgment on an incomplete record with unresolved credibility issues is interlocutory, not final.
Reconstituting itself as the Divisional Court under the Courts of Justice Act, the panel held that the motion judge erred by failing to invite submissions on the next procedural steps after concluding that summary disposition was unavailable.
Applying the summary judgment principles in Hryniak, the panel affirmed the refusal of summary judgment but remitted the matter to the motion judge or another judge for further case management and trial directions.
The request to require a trial on the existing record only, without new evidence, was rejected.
