COURT OF APPEAL FOR ONTARIO

Page: 101
unable to decide the issues in the action without cross-examination, or if it would be
otherwise unjust to decide the issues on the motion.
[253] The test for summary judgment in simplified procedure actions is now governed
by Rule 20. Resolving the liability and damages issues in the appellants‟ action would
require the motion judge to weigh the evidence, evaluate the credibility of deponents, and
draw reasonable inferences from the evidence. Under the principles we have established,
the full appreciation test is the governing test. It must be asked: can the full appreciation
of the evidence and issues that is required to make dispositive findings be achieved by
way of summary judgment, or can this full appreciation only be achieved by way of a
trial?
[254] We wish to emphasize a significant additional factor that must also be considered
in the context of a simplified procedure action. Given that simplified procedure claims
are generally for amounts of $100,000 or less, the rule is designed to get the parties to
trial with a minimum of delay and costs. Thus, one of the key objectives of the simplified
procedure rule is to limit the extent of pre-trial proceedings and to bring the parties to an
early trial conducted pursuant to tailored rules. That is why discovery is restricted, crossexamination
on affidavits and examination of witnesses on motions are not allowed, and
the procedure at a summary trial is modified to reduce the length of the trial. No doubt, in
appropriate cases, a motion for summary judgment in a Rule 76 action can be a useful
tool to promote the efficient disposition of cases. However, it will often be the case that