In addition to the danger of duplicative or inconsistent findings considered in Baywood and CIBC,
partial summary judgment raises further problems that are anathema to the stated objectives underlying Hryniak.
However, his fifth alternative of devising a notional cross-motion for
partial summary judgment by the respondents for their claim of breach of fiduciary duty, which was never
raised with the parties, amounted to a denial of procedural fairness.