What is the standard of conduct required by the court on a motion for summary judgment?
Ontario, Canada
The following excerpt is from Seelster Farms et al. v. Her Majesty the Queen and OLG, 2020 ONSC 4013 (CanLII):
The parties are each expected to put their best foot forward when presenting their evidence. The court is entitled to presume all evidence that would be available at trial is in evidence before the court on the motion so that the court is assured of a sufficient evidentiary record on which to decide the case. See Sweda Farms v. Egg Farmers of Ontario, 2014 ONSC 1200, affirmed on appeal at 2014 ONCA 878.
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