If you are involved in a personal injury lawsuit, you may hear your lawyer mention “summary judgment” as a possible outcome. But what is a summary judgment, and how might it affect your case? Understanding this legal process can help you make informed decisions about your claim and set realistic expectations for what lies ahead.
In this guide, we’ll break down the summary judgment definition, explain how it works in civil cases, and clarify when it might apply to your personal injury claim in Ontario.
Related: What Evidence Matters Most in Ontario Personal Injury Claims?
What is a Summary Judgment? Understanding Summary Judgment Definition and Purpose
The Basic Summary Judgment Definition
A summary judgment is a decision made by a judge without going through a full trial. It’s a ruling that occurs when the judge determines there are no genuine disputes about the important facts of the case, making a trial unnecessary. Instead of hearing from witnesses and examining evidence over several days or weeks, the judge usually reviews documents, affidavits, and legal arguments submitted by both sides and makes a decision based on those materials alone.
Think of it as a legal shortcut — but one that’s only available when the path forward is clear enough that a full trial is unnecessary.
Why Courts Use Summary Judgment
The Ontario court system encourages the use of summary judgment to resolve cases more efficiently. Trials are time-consuming, expensive, and place a significant burden on court resources. When the facts aren’t genuinely in dispute and the law clearly favors one side, going through a lengthy trial doesn’t serve justice — it delays it.
For personal injury claimants, this can mean faster access to compensation when liability is obvious. For defendants, it can mean avoiding costly litigation when a claim lacks merit. The goal is proportionality: matching the legal process to the complexity of the dispute.
When Summary Judgment Can Be Requested
Either party in a civil lawsuit can bring a motion for summary judgment, typically after the initial pleadings have been filed but before trial. In Ontario, Rule 20 of the Rules of Civil Procedure governs summary judgment motions. The requesting party must convince the judge that there’s no genuine issue requiring a trial and that they are entitled to judgment as a matter of law.
Timing matters. Summary judgment is usually sought once enough evidence has been gathered through document disclosure and examinations for discovery, but before the full expense of trial preparation kicks in.
How Summary Judgment Works in the Legal Process
Filing a Motion for Summary Judgment
The legal process of summary judgment begins when one party files a formal motion with the court. This written request must be supported by evidence — typically affidavits (sworn statements), transcripts from examinations for discovery, relevant documents, and legal arguments citing case law and statutes.
The party bringing the motion must clearly demonstrate why the case can be decided without a trial. The responding party then has an opportunity to file their own materials showing why genuine issues of fact or credibility exist that require a trial.
What Evidence Is Presented
Unlike a trial where witnesses testify in person and can be cross-examined in real time, a motion for summary judgment relies entirely on documentary evidence. This can include:
- Affidavits from parties and witnesses
- Medical reports and expert opinions
- Photographs, surveillance footage, or accident reconstruction reports
- Transcripts of discovery testimony
- Relevant contracts, policies, or other documents
The judge must assess whether this written record is sufficient to fairly resolve the dispute, or whether hearing live testimony at a trial could meaningfully change the outcome.
The Judge’s Role in Deciding
The judge doesn’t simply check if one side has presented more evidence. Instead, they must determine whether there’s a “genuine issue requiring a trial.” This means looking for real disputes about material facts or credibility concerns that can only be properly assessed by hearing witnesses testify in person.
If the judge is satisfied they can reach a fair conclusion based on the written record, they have the power to weigh evidence, assess credibility to some extent, and make findings of fact—something that wasn’t always permitted in summary judgment proceedings under older rules.
According to the Supreme Court of Canada’s decision in Hryniak v. Mauldin, judges should take a “robust” approach to summary judgment, using the powers available to them to resolve cases fairly without requiring a trial unless truly necessary.
Timeline from Motion to Decision
Once a motion for summary judgment is filed, the process typically moves faster than waiting for a trial date. The opposing party has a set time to respond with their materials (usually several weeks). A hearing date is then scheduled where lawyers for both sides present oral arguments to the judge — though no witnesses testify.
The judge may deliver a decision immediately after the hearing, but will usually reserve judgment and issue a written decision later. If summary judgment is granted, the case or the issue in dispute is over (subject to any appeal). If denied, the case proceeds toward trial.
Summary Judgment in Civil Cases
How Summary Judgment Applies to Personal Injury Claims
Summary judgment in civil cases is particularly relevant for personal injury claims where certain facts are undisputed. For example, if a driver rear-ended your vehicle while you were stopped at a red light, and this is confirmed by police reports, witness statements, and the other driver’s own testimony, liability might be clear-cut. In such cases, if liability were disputed by the insurance company, a summary judgment motion could be considered.
Our personal injury law firm has handled numerous cases where summary judgment was appropriate, as well as many where the complexities required full trials. Our experience in both scenarios ensures we can advise you on the best strategic path.
Civil Cases Where Summary Judgment Is Most Common
Beyond personal injury, summary judgment frequently appears in:
- Contract disputes where the terms are clear and breach is undeniable
- Debt collection cases with solid documentation
- Some insurance coverage disputes
- Cases involving clear limitation period defenses
Personal injury cases involving catastrophic injuries are less likely candidates for summary judgment because damages calculations are complex and future care needs often require expert testimony that’s better assessed at trial.
Summary Judgment vs Trial: Key Differences
What Happens During a Trial That Doesn’t Happen in Summary Judgment
Understanding the summary judgment vs trial distinction is crucial. A trial is a comprehensive process where:
- Witnesses testify in person under oath
- Lawyers conduct direct examination and cross-examination
- The judge or jury observes witness demeanor and assesses credibility firsthand
- Physical evidence can be demonstrated or explained in detail
- Expert witnesses present their opinions and are questioned extensively
- The process typically spans multiple days or even weeks
Summary judgment bypasses all of this, relying instead on written submissions and oral arguments from lawyers only.
The Role of Witnesses and Testimony
In a trial, witness credibility is paramount. A judge or jury watches how witnesses respond to questions, their body language, whether they seem honest or evasive. In car accident cases, conflicting accounts from drivers might make witness credibility the deciding factor.
During a summary judgment motion, the judge does not normally hear from witnesses, and only has affidavits and discovery transcripts. While judges can make some credibility assessments from these documents, if witness credibility is genuinely in question, the case should proceed to trial where that credibility can be properly tested.
Which Path Is Better for Your Case?
There’s no universal answer. Summary judgment can mean:
Benefits:
- Faster resolution
- Lower legal costs
- Less stress and fewer court appearances for injured clients
- Quicker access to compensation
Drawbacks:
- Less opportunity to present your story compellingly in person
- Judges may be more cautious about granting judgment on damages
- Limited ability to adjust strategy based on how evidence unfolds
Your lawyer should assess whether the facts and law favor a summary judgment motion, or whether your case will be better served by the thorough examination a trial provides.
Reach Out to Oatley Vigmond As Your Personal Injury Law Firm
Understanding what a summary judgment is is just one aspect of navigating a personal injury claim. Whether your case resolves through summary judgment, settlement, or trial depends on numerous factors specific to your situation.
If you or a loved one has suffered a serious injury, understanding your legal options is the first step toward recovery. Contact us today to discuss your case and the best strategy for moving forward.
