What is the test for summary judgment in a family law case?
Ontario, Canada
The following excerpt is from M.B. v. A.F., 2020 ONCJ 498 (CanLII):
Rule 16 of the Family Law Rules governs summary judgment. Pursuant to rules 16(1) and 16(4), to obtain summary judgment, the father must set out specific facts showing that there is no genuine issue requiring a trial. Pursuant to rule 16(4.1), the mother may not rest on mere allegations or denials. She must set out in her evidence specific facts showing that there is a genuine issue for trial. In short, each party must put his and her best foot forward regarding the existence or non-existence of material facts that have to be tried. See Karlovic v. Karlovic, 2018 ONSC 4233 ¶ 39.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any case law where a motion for summary judgment has been granted in favour of summary judgment? (Ontario, Canada)
Can a summary judgment motion be used to obtain summary judgment in a civil case? (Ontario, Canada)
What is the law of summary judgment including partial summary judgment? (Ontario, Canada)
What are the implications of a family law case law review of the applicable provisions and case law principles for costs in family law? (Ontario, Canada)
What is the test for a summary judgment motion in a family law case brought by Tyson and his mother? (Ontario, Canada)
Does a summary judgment motion judge have the authority to grant summary judgment? (Ontario, Canada)
What is the test for partial summary judgment in a case involving missing documentation? (Ontario, Canada)
What is the test for summary judgment in a medical malpractice case? (Ontario, Canada)
What are the reasons for granting summary judgment in a wrongful dismissal case? (Ontario, Canada)
What is the test for a summary judgment order in a child protection case? (Ontario, Canada)
