With respect to the Appellant's first ground, the Court of Appeal found the argument
summary judgment should not have been granted
on the basis proceedings were still at an
early stage in their development «overlooks the direction provided by the Supreme Court of Canada in Hryniak v. Mauldin, 2014 SCC 7 (CanLII), [2014] S.C.J. No. 7 (S.C.C.), at paras. 49 and 66, that
summary judgment is to be granted where the record enables to
motion judge to reach a fair and just determination
on the merits and to do so in a timely, more affordable and proportionate manner.»