Does the record contain all of the evidence which the parties will present if there is a trial?
Ontario, Canada
The following excerpt is from Toronto Sun Wah Trading Inc. v. Canadian Food Inspection Agency, 2009 CanLII 18690 (ON SC):
The motions court judge is entitled to assume that the record contains all of the evidence which the parties will present if there is a trial: Dawson v. Rexcraft Storage & Warehouse Inc., supra.
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