Availability of summary judgment in a civil jury action

By Nikolay Chsherbinin ( June 22, 2023, 8:46 AM EDT) -- A motion for summary judgment is a procedural tool that enables litigants to obtain judgment without the forensic machinery of a trial. Section 108(1) of the Courts of Justice Act (CJA) grants a civil litigant a substantive right to have issues of fact to be tried or the damages assessed by a jury. Courts would not interfere with that right without compelling reasons....