b'BENCHMARKSSUMMARY JUDGMENTTHE RIGHT TOOL FOR THE RIGHT JOBBy Alexandre Mireault Summary judgment can provide arules, which allow a judge to resolve aEven when a motion for summaryparty with a way to rapidly resolve matter without going to trial.judgment does not completely resolve a dispute.Where the Court determines there isthe dispute, the Court has the power to no genuine issue requiring a trial, itundertake case management, setting Where there is no issue genuinelystrict timelines for the completion of requiring trial, the Court maywill grant summary judgment, and the issue a summary judgment, if just,parties can avoid many of the stepsmilestones and generally simplifying expeditious and inexpensive to do so. normally required to bring a matterthe file wherever possible. It therefore to trial. The Court can also rule onprovides parties with a useful tool to The key to a successful motion is toquestions of law, or refer the matter tostreamline proceedings andprepare the evidence that will allowa master where the only question is thereduce costs.the Court to conclude that there is noamount owed between the parties. It is, genuine issue for trial.When project relationships break downin effect, a trial result without a Since January formal trial. or an invoice goes unpaid for too long,Manitobas summary judgment2018, parties contractors face the decision of whether or not to involve the Court to resolveprocedures take into account the naturebringing legal of proceedings, the amount at issue, the dispute. This can be a difficulttheir complexity as well as their likelyproceedings in decision, given the costs and delays ofexpense; they are largely inspired by the litigation, particularly when the disputedOntario Rules of Civil Procedure, and theManitoba have amounts are relatively small or timelinesdecisions of that court are influential in are tight. Manitoba. As a result, legal proceedingsbenefited from Since January 2018, parties bringingshould no longer allow parties to hidenew summary legal proceedings in Manitoba havebehind questionable defences raised benefited from new summary judgmentsimply to delay or frustrate payment. judgment rules, which allow a SILEX Fiberglass Windows & Doorsjudge to resolve Beautiful Comfort a matter without going to trial.While a motion for summary judgment provides an opportunity for a prompt resolution of a matter, a party bringing the motion must provide the Court with sufficient evidence to conclude that there is no issue requiring a trial. As a result, parties should be sure they have all of the evidence in order before attempting to bring a motion for summary judgment.1266 Border Street Winnipeg, MBR3H 0M6 T. 204 788 0648 | F. 204 788 0649 | www.silexberglass.com In Third Line Homes Inc. v. Grant, 2019 ONSC 4159, the Ontario Superior 34 BUILD MANITOBAwinnipegconstruction.ca'