In what circumstances will a motion for summary judgment be dismissed?

Ontario, Canada


The following excerpt is from 2619506 Ontario Inc., v. 2082100 Ontario Inc., 2021 ONCA 702 (CanLII):

Finally, the appellants submit that this matter should not have been determined on a motion for summary judgment because the affidavit evidence contained numerous inconsistencies. While it is true, as the motion judge recognized, that the parties did not agree on all factual matters, she found that there was no dispute about the primary facts upon which she decided the issues before her. Her reasons make it clear that she was careful to determine the issues before her on the basis of undisputed facts and we see no error in her determination that there were no genuine issues that required a trial: Hryniak v. Mauldin, 2014 SCC 7, [2014] 1 S.C.R. 87, at para. 49.

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