12/2/2023 0 Comments Motion for summary judgment![]() The Plaintiffs therefore brought a motion to stay the summary judgment motion on the basis that it was clearly inappropriate in the circumstances. However, the Sami Defendants insisted on proceeding with their summary judgment motion, notwithstanding the fact that such a motion could only be scheduled a mere 41 days prior to trial. On the eve of the pre-trial, without any forewarning, the Sami Defendants served the Plaintiffs with a motion for summary judgment.Īt the pre-trial, both parties indicated they were prepared to proceed to trial and the matter was scheduled for May of 2018. The matter moved forward through mediation and was eventually set down for trial. Of the remaining two Defendants, Dmitri Khalife failed to participate in the action, while Yassine Jabbar defended and was examined. ![]() (the “Sami Defendants”), brought a counterclaim against the Plaintiffs, seeking damages for defamation. ![]() Two of the Defendants, Sami Abi Khaled and Sami’s Garage Ltd. The Plaintiffs alleged breach of trust, breach of fiduciary duty, breach of contract, theft, fraud, conspiracy and fraudulent misrepresentation. In this multiparty action, the Plaintiffs alleged that all four Defendants were involved in a scheme that resulted in the misappropriation of 23 vehicles belonging to the Plaintiffs. Laurent Automotive Group et al v Sami’s Garage Ltd. The most recent string of case law highlights the issues related to partial summary judgment motions. However, there has been somewhat of a “rebound effect” with some litigants using summary judgment motions prematurely or improperly altogether. ![]() Mauldin, 2014 SCC 7, litigants have increasingly made use of summary judgment motions to reduce the time and costs associated with trials on straightforward matters. Since the Supreme Court of Canada’s seminal decision in Hryniak v. *This is a case that was argued by our office* Topic: Civil Litigation Apby Jennifer Aouad When is a motion for Summary Judgment appropriate? ![]()
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