Samantha Bonano

A case conference was held to schedule summary judgment motions brought by the Toronto Police Services Board and the Eaton Centre defendants.

The plaintiffs opposed the motions and sought a 14 to 17-day hearing to accommodate viva voce cross-examination of experts, arguing for a trial instead.

The court rejected the plaintiffs' proposed schedule as contrary to the purpose of summary judgment, which is meant to be a faster process.

The court scheduled a 6-day hearing for May 2021 and set a timetable for the exchange of materials and cross-examinations.

The defendants, the Toronto Police Services Board and the Eaton Centre, sought to schedule summary judgment motions to determine their liability in four related civil actions arising from a 2012 shooting at the Toronto Eaton Centre.

The plaintiffs opposed the motions, arguing they were entitled to a full jury trial on all issues.

The court held that there is no absolute right to a civil trial and that a summary judgment process is a legitimate alternative.

Finding that the liability issues would likely turn on legal concepts and expert evidence rather than disputed facts, the court directed that the summary judgment motions be scheduled.