What is the evidentiary burden on a responding party in a motion for summary judgment?

Ontario, Canada


The following excerpt is from Rizi v. Sinardee, 2008 CanLII 2613 (ON SC):

On a motion for summary judgment, there is an evidentiary burden upon the responding party to not rest simply on the allegations or denials in its pleadings but the plaintiff must put her best foot forward to present coherent evidence establishing a genuine issue for trial. A motions judge is entitled to assume that the record presented on the return of the motion contains all of the evidence the parties will present at trial. Self-serving evidence that merely asserts a defence or a claim without providing some detail or supporting evidence is not sufficient to create a genuine issue for trial. See Rozin v. Ilitchev.[1]

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