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Civil Procedure - Summary Judgment - Timing

De Melo v De Melo (Ont CA, 2015)

In this family law case the Court of Appeal considered (and approved) the propriety of bringing a motion for summary judgment when (1) the matter had not yet been the subject of a settlement or trial management conference, and (2) the motion was heard five months before an already scheduled trial. The reasoning is transferrable to the non-family civil context.

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