Law Times - Newsmakers

8 December 2014 2014 By daVid dias Top Cases The eFFiCienCy oF The CoUrTs was in focus this year as the Supreme Court of Canada ruled in two drawn-out cases that, ironically, should lead to fewer delays. In Hryniak v. Mauldin, the top court gave its blessing to new rules for motion judges in civil courts that allow for summary judgments and avoid trials altogether. And in Sattva Capital Corp. v. Creston Moly Corp., the court instructed judges to disregard specious contract interpreta- tions that ignore the facts of the case. It was also a big year for aboriginal land rights as the top court awarded the first title to a First Nation lacking a treaty. In Tsilhqot'in Nation v. British Columbia, the court ruled his- torical evidence validated the claim, requiring the B.C. government to negotiate any develop- ment on the land. The Supreme Court also this year ruled that law firm partners can be subject to mandatory retirement, while the Ontario Superior Court came down hard on the common practice of counsel who review draft expert reports and the Ontario Court of Appeal reversed its decision on limitation periods in securities class actions. hryniak v. Mauldin Swift and affordable justice in Ontario's civil courts got a big boost from the Supreme Court of Canada this year with its ruling in Hryniak v. Mauldin as it gave its blessing to the broad application of summary judgments. The case tested amendments to the province's Rules of Civil Procedure. The new rules grant motion judges extensive powers to issue summary judgments where they're confident they can reach a just decision, thereby avoiding a costly and time-consuming trial. Counsel for Robert Hryniak, who defrauded a group of investors repre- sented by Fred Mauldin, argued that the summary judgment against him couldn't meet the standard of evidence required for such a case. The Ontario Court of Appeal disagreed and in January the top court upheld that ruling unanimously. The decision, written by Justice Andromache Karakatsanis, is a clear and ringing endorsement of summary judgments. It went as far as promoting a "shift in culture" away from trials and reclaimed some measure of relevance for civil courts as private arbitration grows in popularity. Moore v. Getahun Litigators will no longer be able to make undisclosed editing suggestions to draft reports written by experts if a January ruling at the Ontario Superior Court of Justice stands. In Moore v. Getahun, a medical malpractice suit, defence counsel review- ing the file of the plaintiff 's expert found evidence of a 90-minute conversa- tion that led to modifications and deletions, some of which would have been useful to the defence. Justice Janet Wilson took great exception with the bias she found to be Lawyers up in arms about Getahun, watch eagerly as courts rule on contracts, summary judgment The Supreme Court started the year off with a bang as it ruled on summary judgments in Hryniak v. Mauldin. CHRIS WATTIE /REUTERS

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