In Babin v. C.J.M. Dieppe Investments Ltd. and TG 378 Gauvin Ltd., 2019 NBCA 44, the New Brunswick Court of Appeal made clear that it will not interfere lightly with a motion judge’s discretionary decision to grant partial summary judgment, particularly where a decision on the merits is correct in law.  The Court of Appeal set out a specific list of questions to consider when deciding whether to exercise that discretion where the whole matter would not be disposed of.

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