What is the test for a summary judgment motion under the Family Law Rules?

In Chao v. Chao, 2017 ONCA 701, at paras. 24 and 28, van Rensburg J.A. held that the principles laid out in Hryniak apply to summary judgment motions under the Family Law Rules. Specifically, parties are required to put their “best foot forward” and the motion judge is entitled to assume that the evidence before them is the best evidence available.

On a motion for summary judgment, the moving party bears the burden of demonstrating a prima facie case that there is no genuine issue requiring a trial. If the burden is met, the onus shifts to the responding party “to set out specific facts that there is a genuine issue that requires a trial.”: Turk v. Turk, 2015 ONSC 5845, at para. 47.