Judge Chadwick in the case of Bradley-Kelly Construction Limited v Ottawa-Carleton Regional Transit Commission, (1996) 30 O.R. 3rd p. 301, upheld the obvious difference between the simpler on a motion for summary judgment under the Simplified Rules of Civil Procedure and under then normal motion for summary judgment.

The details of the case surrounded an interpretation of a construction contract. The Plaintiff was successful in its motion for summary judgment. His Honour held at page 302:

"It is obvious that the test under the summary judgment rules is a lower standard than the test provided for in Rule 20.04(2) [this refers to the existing summary judgment rule dealing with no genuine issue for a trial judge]."

The net effect of this is the importance of using the new Simplified Rules of Civil Procedure whenever available. The purpose of the Rule was to lessen the costs of civil litigation when less than $25,000.00 was in dispute.