Motion for Summary Judgment – Hryniak v Mauldin
Announcement – New Publication
Sentinels of the Hryniak Culture Shift: Four Years On
Gilbertson Davis LLP is pleased to announce a new important publication about summary judgment.
David Alderson, Senior Counsel-Commercial Litigation at Gilbertson Davis LLP, is the author of the chapter entitled Sentinels of the Hryniak Culture Shift: Four Years On , included in the Annual Review of Civil Litigation 2018 , (Ed. by the Honourable Justice Todd L. Archibald, published by Thomson Reuters Canada Limited.)
“Mr. Alderson has done a masterful job in reviewing the post-Hryniak judgment landscape. He canvasses whether or not our courts have embraced the advocated Hryniak culture shift in civil litigation through the simplification of pre-trial procedures and the principle of proportionality. Before 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.”
– The Hon. Justice Todd Archibald, Ontario Superior Court of Justice
 cited in CMT et al. v. Government of PEI et al., 2019 PESC 40, at 44 to 46.
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,  1 S.C.R. 87, 2014 SCC 7.