On a summary judgment motion, what is the scope of the evidence that will be available for trial?
Ontario, Canada
The following excerpt is from Barsheshet v Aviva Canada, 2015 ONSC 4439 (CanLII):
On a summary judgment motion, the court will assume that the parties have placed before it, in some form, all of the evidence that will be available for trial: Hryniak; Sweda Farms v. Egg Farmers of Ontario, 2014 ONSC 1200 (CanLII), at para. 33, aff’d, 2014 ONCA 878 (CanLII).
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