What is the test for granting summary judgment in a personal injury action?
Ontario, Canada
The following excerpt is from Aronowicz v. Emtwo Properties Inc., 2009 CanLII 23888 (ON SC):
The plaintiffs argue that the court cannot grant summary judgment on the foregoing basis. In reliance on Law Society of Upper Canada v. Ernst & Young, supra, they argue that the court is precluded from doing so if they can demonstrate that a genuine issue for trial exists on the issue of liability. I do not accept this argument for the following reason.
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