What is the test for a motion for summary judgment?

Prince Edward Island, Canada


The following excerpt is from Connick v. Ramsay, 2008 PESCTD 42 (CanLII):

There is no dispute between the parties as to the law to be applied on a motion for summary judgment. That law is well settled and begins with Rule 20. The relevant sections of that rule are: 20.01 (3) A defendant may, after delivering a statement of defence, move with supporting affidavit material or other evidence for summary judgment dismissing all or part of the claim in the statement of claim. . . . 20.04 (1) In response to affidavit material or other evidence supporting a motion for summary judgment, a responding party may not rest on the mere allegations or denials of his or her pleadings, but must set out, in affidavit material or other evidence, specific facts showing that there is a genuine issue for trial. (2) The court shall grant summary judgment if, (a) The court is satisfied there is no genuine issue for trial with respect to a claim or defence; or (b) The parties agree to have all or part of the claim determined by a summary judgment and the court is satisfied that it is appropriate to grant summary judgment. A motion for summary judgment invokes a two part test. The moving party bears the onus of establishing there is no genuine issue for trial. Once this onus has been discharged, the second part of the test requires the responding party to establish there is evidence which offers a real chance of success to the responding party based on the pleading which has been filed. (See MacPherson v. Ellis, 2005 PESCAD 10, paras. 18 and 19.)

Other Questions


What is the summary judgment case law in summary judgment cases? (Prince Edward Island, Canada)
When a motion judge exercises her new fact-finding powers under Rule 20.04(2.04) of the new summary judgment rule, is this a case of mixed fact and law? (Prince Edward Island, Canada)
In what circumstances will a judge grant a summary judgment motion? (Prince Edward Island, Canada)
What is the impact of the Sweda decision on a summary judgment motion? (Prince Edward Island, Canada)
What are the findings of a motion judge's reasons for judgment on costs? (Prince Edward Island, Canada)
What are the consequences of a motion to strike? (Prince Edward Island, Canada)
If there are no common facts or legal issues of relatively sufficient importance to both proceedings, should the motion be dismissed? (Prince Edward Island, Canada)
What is the test for a motion under Rule 2.1 of the Rules of Civil Procedure? (Prince Edward Island, Canada)
Is a defendant precluded from bringing a motion for non-suit if he has opened his case? (Prince Edward Island, Canada)
When a motion judge exercises her new fact-finding powers under Rule 20.04(2.04) and determines whether there is a genuine issue requiring trial, is it deference? (Prince Edward Island, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.