“Our civil justice system is premised upon the value that the process of adjudication must be fair and just. This cannot be compromised,” said the ruling. “However, undue process and protracted trials, with unnecessary expense and delay, can prevent the fair and just resolution of disputes. If the process is disproportionate to the nature of the dispute and the interests involved, then it will not achieve a fair and just result.”
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OCA rules on emergency doctrine
An Ontario Court of Appeal justice has warned against “summary judgment at all costs” in her dissent of a ruling on the application of the doctrine of emergency in a personal injury case.
In Isaac Estate v. Matuszynska, a 2-1 decision upheld a ruling through summary judgment dismissing a claim brought by the estate and mother of a man, Glen Isaac, who died after hitting his head on a curb during an altercation in 2009.
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