What is the evidentiary burden for summary judgment?
Ontario, Canada
The following excerpt is from Nadeau v. CBRE Limited, 2020 ONSC 1150 (CanLII):
Once the moving party satisfies the court there is no genuine issue requiring a trial to merit summary judgment, the evidentiary burden shifts to the responding party to show there is a genuine issue requiring a trial after all: Sanzone v. Schechter, 2016 ONCA 566, 402 D.L.R. (4th) 135.
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