July 4, 2025 – Caution Against Partial Summary Judgment

“The Court of Appeal has repeatedly cautioned against granting motions for partial summary judgment where there is a risk of re-litigation of issues and inconsistent outcomes: Baywood Homes Partnership v. Haditaghi, 2014 ONCA 450, at paras. 33-35.  The Court of Appeal has ruled that courts should only grant partial summary judgment “in the clearest of cases”: Butera v. Chown, Cairns LLP, 2017 ONCA 783, at paras. 26-29; Athanassiades v. Rogers Communications Canada Inc., 2024 ONCA 497, at para. 17.”

          Docherty v. Catherwood, 2024 ONSC 3824 (CanLII) at 78

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