Clients often lament that the wheels of justice grind too slowly and ask what, if anything, can be done to have their dispute resolved more expeditiously. This reality often leads commercial lawyers to include Alternative Dispute Resolution (i.e. mediation and arbitration) agreements into contracts in an attempt to set out an efficient method of resolving potential future disputes. ADR agreements can be very effective, but, without getting into the details in this article, they can also merely add an extra layer or two into the resolution process which harks back to the maxim, “justice delayed is justice denied”.

Another avenue to achieve fast justice is to seek summary judgment in the courts. In Ontario, as is the case with many jurisdictions around the world, the court has the power to grant judgment on a summary basis without the need of a trial or indeed many of the procedural steps that lead up to a trial. The proper goal of a summary judgment motion is to obtain a decision in a period of months rather than years for less money where the case is clear.