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We are pleased to announce that in the important court decision about civil procedure released last Thursday, March 12, 2015, 1870553 Ontario Inc. v. Kiwi Kraze Franchise Co. Ltd., Ben Hanuka acted as counsel for the successful parties.
The decision is in the context of a franchise dispute but transcends franchise law. It addresses the civil procedure interplay between often conflicting procedures and legal principles relating to (i) summary judgment motions on the one hand, and (ii) the discovery process on the other hand.
This subject is particularly relevant in the post Hryniak v. Mauldin Supreme Court of Canada decision last year, which requires a “culture shift” in the administration of justice to embrace summary judgment motions as a mainstream option to improve access to justice.
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