Summary Proceedings | 19
Halfnight, Jamieson
Halfnight & McKinlay
Professional Corporation
(416) 361-3082
jhalfnight@
halfnightlaw.com
Recognized as one
of the top insurance
lawyers in Canada, Mr.
Halfnight conducts a
specialty insurance and
reinsurance litigation
practice, advising clients
both in Canada and
internationally, and
appearing in both trial
and appellate courts.
Hausman, David A.
Fasken Martineau
DuMoulin LLP
(416) 868-3486
dhausman@fasken.com
Mr. Hausman practises
exclusively in the fi eld of
securities litigation. He
represents investment
dealers, public
companies, mutual funds
and directors & offi cers
in regulatory and civil
proceedings and internal
investigations across
Canada.
Hodgson, James A.
Norton Rose Fulbright
Canada LLP
(416) 216-2989
jim.hodgson@
nortonrosefulbright.com
Mr. Hodgson practises
commercial, corporate
and civil litigation. He
focuses on shareholders'
rights, securities
litigation, class actions,
construction, product
liability and professional
liability. Past President,
Advocates' Society,
Fellow ACTL.
Harrison, Robert S.
Fasken Martineau
DuMoulin LLP
(416) 865-4384
rharrison@fasken.com
Mr. Harrison's trial
and appeal practice
includes securities and
environmental law,
fi nancial institutions,
shareholders' remedies,
insurance, directors'
and offi cers' liability, IP,
professional negligence,
class actions and
insolvencies.
Henry, Patrick
Robinson Sheppard
Shapiro LLP
(514) 393-4030
phenry@rsslex.com
Mr. Henry focuses
on insurance law,
professional and product
liability. Named Best
Lawyer's Lawyer of the
Year 2014. Lectures
regularly on insurance
law and civil liability.
Co-authored Residential
Insurance Policies and
Commercial Insurance
Policies.
Hofl ey, Randall J.
Blake, Cassels &
Graydon LLP
(416) 863-2387
randall.hofl ey@
blakes.com
Mr. Hofl ey's competition/
regulatory law practice
has him appearing
before federal tribunals
and Canada's provincial,
Federal and Supreme
courts. Active in related
professional associations,
he is highly ranked
by the leading rating
publications.
LEXPERT®Ranked Lawyers
take place until a year later,
much of that work will have
to be done again."
Lisus says the benefi t of Hryniak may not be that it low-
ers the bar for summary judgments, but that it encourages a
more "stripped-down" trial process. "I still believe that a trial
process is the gold standard for dispute resolution," he says.
" e problem is it takes us too long to get there."
"THE PREP THAT YOU DO FOR THE ARGUMENTS AND THE
TIME THAT YOU SPEND PREPARING AFFIDAVITS — NOT
ALL THAT WORK IS TRANSFERABLE TO A TRIAL IF A JUDGE
DECIDES THAT THE CASE CAN'T BE RESOLVED ON THE
BASIS OF PAPER ALONE. IF THE TRIAL DOESN'T TAKE
PLACE UNTIL A YEAR LATER, MUCH OF THAT WORK WILL
HAVE TO BE DONE AGAIN."
– Linda Plumpton, Torys LLP
Hryniak's real impact may be in getting trials on faster
and managed more aggressively, says Lisus. He doubts that
summary judgment – "and the inevitable appeal" – is a more
cost-effi cient approach than a plenary trial that is rigorously
case-managed.
For example, Hryniak encourages judges to make cred-
ibility fi ndings using their expanded powers. However, they
need the time to write those fi ndings carefully — in a way
that allows the parties to understand the reasons and allows
meaningful appellate review. Says Lisus: "By the time the
summary judgment process runs its course, including ap-
peals, in many cases you could have had a trial."
Bredt acknowledges that, initially, there may be a higher
rate of appeals as the courts grant more summary judgments.
But he notes that the SCC has instructed appellate courts
to apply a deferential standard of review to summary judg-
ments. " ese appeals will be diffi cult to succeed on."
