Court Dismisses Summary Judgment Motion Due to Delay in Bringing Motion

In Doef v. Hockey Canada et al, 2022 ONSC 1411, one of the issues was the timing of a summary judgment motion.

The plaintiff sustained a spinal injury while playing in a hockey tournament. He made an insurance claim. There was a dispute over whether the plaintiff met the criteria in the insurance policy for a paralysis benefit.

Justice M. Smith stated that, as of January 2018, the insurer possessed all the medical and expert evidence it required to bring a summary judgment motion. His Honour held that there was no reasonable explanation to wait 42 months to bring the motion.

Justice Smith indicated that the plaintiff’s interests are impacted by the insurer’s late request for the summary judgment motion. A trial is scheduled for September 2022, and Justice Smith stated that it would be unfair for the plaintiff to have to deal with a summary judgment motion at this late juncture especially when the plaintiff is not responsible for the delay.

Therefore, Justice Smith dismissed the motion. This decision shows that if a party waits too long to bring a summary judgment motion, the court may refuse to hear it.