What is the test for a summary judgment motion in a family law case brought by Tyson and his mother?
Ontario, Canada
The following excerpt is from Callwood v. Purdy, 2021 ONSC 5815 (CanLII):
I am satisfied that this is an appropriate case to be determined by way of summary judgment motion. There are no issues that require a trial to resolve. The parties have all agreed that this is the case. A fair and just result may be obtained based on the written record before me. In particular, a parenting order that is in Tyson’s best interests may be made based on the written record (see Rule 16 of the Family Law Rules and Hryniak v. Mauldin, 2014, SCC 7, [2014] 1 S.C.R. 87 at paras 49 and 57). The order to issue
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