What is the role of the motions judge in deciding a motion for summary judgment?

The court highlighted the role of the motions judge on a motion for summary judgment in Dawson v. Rexcraft Storage and Warehouse Inc., supra. The judge is to consult not only the pleadings, but affidavits, cross-examination of the deponents, examinations for discovery, admissions and other evidence to determine whether there is a genuine factual dispute between the parties. In that case, Justice Borins went on to say at para. 29, that Rule 20 should not deny parties access to the courts: …the purpose of Rule 20 is not to deny the parties due process. It is not intended to deprive plaintiffs and defendants of their day in court absent demonstrated compliance with its requirements. Under the Rules of Civil Procedure, the plenary trial remains the mode for the resolution of disputes. Rule 20 does not represent court reform, or the reform of the adversary system, in disguise. Together with rule 21.01(1)(b), its purpose is to weed out cases at the pre-trial stage when it can be demonstrated clearly that a trial is unnecessary. ANALYSIS