What is the burden of proving there is no genuine issue for trial?
Ontario, Canada
The following excerpt is from BMO v. Iskenderov, 2021 ONSC 5723 (CanLII):
Once the moving party discharges the burden of showing that there is no genuine issue for trial, the onus shifts to the responding party. That party must then provide evidence of specific facts showing that there is a genuine issue requiring a trial: Ramdial, at para. 30. An adverse inference may be drawn from a failure to support the allegations or denials in a party’s pleadings: Pearson v. Poulin, 2016 ONSC 3707, at para. 40.
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