Can Rule 20 considerations be applied to a first step analysis of a rule 49.09 motion?
Ontario, Canada
The following excerpt is from Capital Gains Income Streams Corporation v. Merrill Lynch Canada Inc., 2007 CanLII 39604 (ON SCDC):
In Chan v. Lam, above, a rule 49.09 motion, the appellant submitted that if Rule 20 were applied, there would have been a genuine issue for trial. Weiler J.A. found that had it been a Rule 20 motion, the motions judge would have been entitled to grant summary judgment. I conclude her finding confirms the application of Rule 20 considerations to the first step analysis of rule 49.09.
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