Robert Hryniak v. Fred Mauldin, et al. (March 26, 2013)
Case # 34641
Bruno Appliance and Furniture, Inc. v. Robert Hryniak (March 26, 2013)
Case # 34645
At issue are the effects of changes to Rule 20 of the Ontario Rules of Civil Procedure. Following the amendments to Rule 20, there was uncertainty as to whether it is appropriate for a motion judge to use the new powers. The new powers would enable a judge to decide an action on the basis of the evidence presented on a motion for summary judgment. The Ontario Court of Appeal convened a five judge panel to hear five appeals from decisions under the amended rule. The court appointed five amicus curiae to provide submissions on how the amended rule should be interpreted and applied. One of the appeals was the appellant’s motion to set aside the summary judgment ordered by the Superior Court based on the amended rule.