What is the test for a motion for summary judgment under Rule 20?
Ontario, Canada
The following excerpt is from Canadian Imperial Bank of Commerce v. Bailey, 2007 CanLII 45707 (ON SC):
In considering whether the defendant has established a valid defence on the merits for purposes of setting aside a default judgment, the court should apply a test similar to a motion for summary judgment under Rule 20: see Hunt v. Brantford, [1994] O.J. No. 1867, (1994), 34 C.P.C. (3d) 379.
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