What is the test for establishing a triable issue in a motion?
Ontario, Canada
The following excerpt is from Iroquois Falls Power Corp. v. Jacobs Canada Inc., 2007 CanLII 29664 (ON SC):
One of the recent decisions to which I was referred by both counsel is Sera GMBH v. Sera Aquaristic Canada, supra. Sharpe J.A. in dissent in the result but not on the principles said at paragraph 4: The moving parties (defendants) must establish that there is no genuine issue requiring a trial. The responding party is to 'put his best foot forward' and is required to lead trump or risk losing. And at paragraph 15: The motion judge was entitled to weigh the evidence to the limited extent required to determine whether or not there is a triable issue.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of review for a motion of no confidence in a motion to amend the terms of a motion? (Ontario, Canada)
What is the test for determining if a motion is a genuine issue requiring a trial based only on the evidence in the Motion Record? (Ontario, Canada)
What is the test for establishing a genuine issue in a motion? (Ontario, Canada)
On an interim motion, is it more likely that the court will grant a motion to allow the motion to be heard before trial? (Ontario, Canada)
What is the test for using the term issue "issue" in the context of the issue? (Ontario, Canada)
What is the test for elevated costs of a motion for a motion to amend a motion? (Ontario, Canada)
What is the test for establishing that a plaintiff has a triable issue? (Ontario, Canada)
Is there any reversible error in a motion finding that there is no genuine issue requiring a trial? (Ontario, Canada)
What is the threshold to maintain an objection to a motion of motion where the next step in the proceeding is documentary discovery? (Ontario, Canada)
Can a summary judgment motion after a trial of the issue be directed? (Ontario, Canada)
