What is the standard for fairness in a summary judgment case?

New Brunswick, Canada


The following excerpt is from Russell v Northumberland Cooperative Ltd., 2018 NBQB 165 (CanLII):

However, I am of the opinion that in the specific context of the present case and the new Rule 22 summary judgment procedure the necessary findings of fact can be made that will allow me to apply the law and arrive at a conclusion with a reasonable degree of confidence; which, in the end, would be a proportionate, more expeditious and less expensive means to achieve a just result: “It bears reiterating that the standard for fairness is not whether the procedure is as exhaustive as a trial, but whether it gives the judge confidence that he/she can find the necessary facts and apply the relevant legal principles so as to resolve the dispute” (Hyrniak v. Mauldin, supra at para. 50).

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