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  • Summary judgment

    Hi there!

    I've already brought an application. I now want to bring a summary judgment motion for orders I've requested in my application, as well as additional orders/relief that I haven't requested in it. Do I need to first file an amended application?

    Thank you!

  • #2
    Just to follow up on this, if I do need the amended claim, can I just strap it onto the motion?

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    • #3
      Originally posted by houdini600 View Post
      Hi there!

      I've already brought an application. I now want to bring a summary judgment motion for orders I've requested in my application, as well as additional orders/relief that I haven't requested in it. Do I need to first file an amended application?

      Thank you!

      Have you had a motion yet? I dont think you can file a motion for summary judgement until you have actually seen a judge. Added to that summary judgement is not normally given. You may want to go through canlii to see other cases that have received summary judgement and what the status of their cases are.

      This advice is given to help you avoid wasted time on something you can’t do or won’t succeed at. Especially since you could have costs ordered against you if it is heard and you lose.

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      • #4
        Thanks for your response. I've had a motion previously, and have seen a judge at that hearing, and at a couple of conferences.

        So if I decide to do the summary judgment motion, and ask for things above what's in my initial application, do I first have to file a motion to amend? Or can I file both the motion to amend, and the summary judgment motion together? Or is there another option?

        Comment

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