What is the test for determining if a motion is a genuine issue requiring a trial based only on the evidence in the Motion Record?
Ontario, Canada
The following excerpt is from ERNEWEIN v HONDA CANADA, 2017 ONSC 1181 (CanLII):
The parties agree that the principles set out in Hryniak v. Mauldin, 2014 SCC 7 (CanLII), [2014] 1 S.C.R. 87, apply in this case. A court must first determine if there is a genuine issue requiring a trial based only on the evidence in the Motion Record without using the new fact-finding powers under Rule 20.04.[1]
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