Is a motion judge's decision to grant summary judgment sufficient deference?
Ontario, Canada
The following excerpt is from C.A.S. v. M.W. and M.S., 2020 ONSC 1847 (CanLII):
Absent an error of law, the decision to exercise powers under the new summary judgment rules attracts deference. Where a motions judge exercises fact-finding powers and determines whether there is an issue for trial, this is a question of mixed fact and law. Hyrniak v. Mauldin, 2014 SCC 7 at paragraph 81.
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