Annual Review of Civil Litigation 2021
Emerging Burdens of the Summary Judgment Motion Judge
Annual Review of Civil Litigation 2018
Sentinels of the Hryniak Culture Shift: Four Years On

A Seven Year 140 Page Survey of Appellate Decisions Across Canada on Summary Judgment
Conclusions on the Suitability of a Motion for Summary Judgment

We are pleased to announce the publication of Emerging Burdens of the Summary Judgment Motion Judge [i], a chapter of the Annual Review of Civil Litigation 2021, which follows the publication of Sentinels of the Hryniak Culture Shift: Four Years On, a chapter in the Annual Review of Civil Litigation 2018, each written by David Alderson, Senior Counsel – Commercial Litigation at Gilbertson Davis LLP. These two chapters comprise a 141 page, seven year, survey of the decisions of the appellate courts across Canada on the subject of summary judgment proceedings. They can be read together, with the 2021 chapter cross-referencing the 2018 chapter.


Appeals of Summary Judgments and Summary Dismissals

David Alderson[ii], Senior Counsel – Commercial Litigation, at Gilbertson Davis LLP, co-counsel for the 13 plaintiffs (one of which was Mauldin), that responded to the appeal to the Supreme Court of Canada in Hryniak v. Mauldin[iii], that responded below to the appeal in the Ontario Court of Appeal, and that obtained summary judgment in the Ontario Superior Court of Justice, being the judgment which was appealed, has written two chapters of the Annual Review of Civil Litigation[iv], which if read together comprise a seven year survey of the appellate cases across Canada considering Hryniak and summary judgment.

Across Canada Survey of Summary Judgment Appeals

The chapter entitled Sentinels of the Hryniak Culture Shift: Four Years On[v], included in the Annual Review of Civil Litigation 2018[vi] covers appellate cases for the first four years following the Supreme Court of Canada decision. The second chapter Emerging Burdens of the Summary Judgment Motion Judge[vii], included in the Annual Review of Civil Litigation 2021[viii] picks up where the earlier chapter left off, and canvases appellate decisions for the next three years.

A copy of Sentinels of the Hryniak Culture Shift: Four Years On can be accessed here. The second chapter, Emerging Burdens of the Summary Judgment Motion Judge, is not available on this website.

What Has Been Said About This Work

 The Overview in each of Annual Review of Civil Litigation – 2021  and Annual Review of Civil Litigation – 2018 included the following:

Annual Review of Civil Litigation – 2021 – Mr. Alderson’s paper is extremely important for all practicing litigators. His survey is first class and his conclusions must be understood by our legal community.[ix]

Annual Review of Civil Litigation – 2018Before embarking upon a summary judgment motion, all counsel should carefully read Mr. Alderson’s paper because it provides superb guidance concerning the prospects of success not only before the motions judge but on appellate review. Mr. Alderson’s paper is a comprehensive tour de force for all advocates.[x]

The Legacy of Hryniak v. Mauldin, 2014 SCC 7

 Hryniak has had such a significant impact on civil legal proceedings in the courts in Canada, including with respect to the access to justice, that, in the course of seven years since the decision was released, it has been cited in more than 4,300 reported decisions of the courts in Canada and over 2,600 reported decisions in Ontario alone.[xi]

 Representation by Lawyers at Gilbertson Davis LLP

Please see the corresponding Gilbertson Davis LLP webpage on Summary Judgment, and Appeals of Summary Judgment or Summary Dismissal.  Blog posts concerning summary judgment posted on the Gilbertson Davis LLP Blog can be read here.

The Gilbertson Davis LLP Arbitration Chambers webpage on Moving Summary Judgment motions or Summary Dismissal motions to arbitration appears here.

The lawyers at Gilbertson Davis LLP, including David Alderson, can advise and represent you in matters involving motions for summary judgment in civil legal proceedings or appeals.


[i]      Annual Review of Civil Litigation – 2021, ed. by the Honourable Justice Todd L. Archibald, published by Thomson Reuters Canada Limited, at pp. 397-474

[ii]     David Alderson, LL.B (Osgoode), LL.M (Lond.), Senior Counsel, Commercial Litigation, and Commercial Arbitrator, at Gilbertson Davis LLP, Toronto, Canada; Barrister and Solicitor in Ontario,    Canada; Attorney and Counselor-at-Law, New York State (not practicing); former Solicitor of the Supreme Court of England and Wales and Attorney and Barrister-at-Law in Bermuda (while practicing in those jurisdictions). Co-counsel for the plaintiffs in the Mauldin et al. v. Cassels Brock & Blackwell LLP et al. action in the Ontario Superior Court of Justice (the ‘‘Mauldin Group”) on the motion for summary judgment in the Ontario Superior Court of Justice, reported as Bruno Appliance v. Cassels Brock & Blackwell LLP, 2010 ONSC 5490 (decision of Grace J.), co-counsel for the Mauldin Group respondents on the appeal in the Court of Appeal for Ontario from the summary judgment for the Mauldin Group, reported as Combined Air Mechanical Services Inc. v. Flesch, 2011 ONCA 764, and co-counsel for the Mauldin Group respondents on the appeal in the Supreme Court of Canada from the order of the Court of Appeal for Ontario, Combined Air Mechanical Services Inc. v. Flesch, 2011 ONCA 764 with respect to the Mauldin et al. v. Cassels Brock & Blackwell LLP et al. action, reported as Hryniak v. Mauldin, [2014] 1 S.C.R. 87, 2014 SCC 7. David Alderson was the Chair / Moderator of Osgoode Hall Law School’s webinar entitled Summary Judgment in the Supreme Court of Canada: Hryniak v Mauldin and Its Implications

[iii]     Hryniak v. Mauldin, 2014 SCC 7 (CanLII), [2014] 1 SCR 87

[iv]    Annual Review of Civil Litigation, Ed. by the Honourable Justice Todd L. Archibald, published by Thomson Reuters Canada Limited

[v]     Annual Review of Civil Litigation – 2018, ed. by the Honourable Justice Todd L. Archibald, published by Thomson Reuters Canada Limited, at pp. 159-223

[vi]     Ibid

[vii]    Annual Review of Civil Litigation – 2021, ed. by the Honourable Justice Todd L. Archibald, published by Thomson Reuters Canada Limited, at pp. 397-474

[viii]    Ibid

[ix]     Annual Review of Civil Litigation – 2021, Overview, pp. ix and x, the Hon. Justice Todd L. Archibald

[x]     Annual Review of Civil Litigation – 2018, Overview, p. ix, the Hon. Justice Todd L. Archibald

[xi]     Search of “Hryniak” on CanLII performed on November 11, 2021