What is the test for a Rule 20 motion?
Ontario, Canada
The following excerpt is from TD Waterhouse Canada Inc. (TD Waterhouse Private Investment Advice) v. Little, 2009 CanLII 43663 (ON SC):
It is trite to say that the court's function on a Rule 20 motion is not to resolve issues of fact but to determine whether genuine issues of fact exist. “Arguments which involve the central facts of the case and turn on judgments as to credibility should not be resolved on a R. 20 motion”: Masciangelo v. Spensieri (1990), 1 C.P.C. (3d) 124 (Ont. H.C.J.). D. Discussion
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