Does a party bringing a motion for summary judgment reverse the onus of proof or alleviate his onus to prove the elements of his claim?

Ontario, Canada


The following excerpt is from Trefler v. Elias, 2020 ONSC 582 (CanLII):

A party bringing a motion for summary judgment does not thereby reverse the onus of proof or alleviate his onus to prove the elements of his claim. The initial burden of proof is on the party who moves for summary judgment. Only after the moving party has discharged its evidentiary burden of proving that there is no genuine issue requiring a trial for its resolution does the burden shift to the responding party. See for example, Sanzone v. Schechter, 2016 ONCA 566, at paras. 30-32, confirming the initial evidentiary obligation borne by the moving party (in that case the defendant) on a summary judgment motion.

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