Can the court use the application procedure under rule 14.05(h) of the Rules of Civil Procedure to determine whether there will be any material facts in dispute?
Ontario, Canada
The following excerpt is from Palichuk v. Palichuk, 2021 ONSC 7393 (CanLII):
The court can also use the application procedure under rule 14.05(h) where the relief claimed is “in respect of any matter where it is unlikely that there will be any material facts in dispute requiring a trial.” The words I have emphasized were added in an amendment to the Rules which came into force on January 1, 2019. Even before this amendment, F.L. Myers J. held in Rubner v. Bistricer, 2018 ONSC 1934, at para. 105, that, “There is no point converting an application into a trial of the issues if there is no genuine issue requiring a trial.” He also said, at para. 108, “In all, I am satisfied that resolving these applications summarily is the most proportionate and fair process.” The same applies here.
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