What is the test for a motion for sexual assault?
Ontario, Canada
The following excerpt is from M.Y. v. G.B., 2019 ONSC 4907 (CanLII):
FLR 16(4.1) requires the responding party to adduce evidence of specific facts showing that there is a genuine issue for trial, not mere allegations or denials. The responding party must put their best foot forward on the motion. The motions judge is entitled to assume that the parties have put before her all of the evidence that they would be able to adduce at trial. See: Sweda v. Egg Farmers of Ontario, 2014 ONSC 1200.
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