On a motion for summary judgment, can the judge assume that the record contains all the evidence the parties will present if there is a trial?
Ontario, Canada
The following excerpt is from Family & Children’s Services of St. Thomas and Elgin v. M.M., 2019 ONSC 4649 (CanLII):
On a motion for summary judgment, the motions judge is entitled to assume the record contains all the evidence the parties will present if there is a trial: Toronto Dominion Bank v. Hylton, 2012 ONCA 614, at para. 5. 2) Finding the Child in Need of Protection
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