In Reid v. Livingstone, [2004] O.J. No. 1477 (S.C.J.), a motion for summary judgment in a medical negligence case, Cameron J. referred to the importance of the parties putting forward their best case at para. 11: The essential purpose of a motion for summary judgment is to avoid expensive litigation by isolating and eliminating claims and defences that are not supported by the facts. However, it must be clear that a trial is unnecessary. A responding party is not entitled to sit back and rely on the possibility that more favourable facts may develop by trial. If the respondent wishes to avoid summary judgment, it must put its best foot forward and "play trump or risk losing". On a defendant's motion for summary judgment, there is an onus on the plaintiff to demonstrate that there is a genuine issue for trial, that is, adequate evidence to support the claim. The court shall grant the motion if the court is satisfied that there is no genuine issue deserving of a trial by a judge or a jury with respect to a material fact necessary to establish a claim or a defence.
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