A fair determination can result when the motion: (a) allows the judge to make necessary findings of fact; (b) allows the judge to apply the law to the facts; and (c) is a proportionate and less expensive means to achieve a just result. If the summary judgment process provides the motions court with the evidence required to fairly and justly adjudicate the dispute and is a timely, affordable and proportionate procedure, there will be no genuine issue requiring a trial: [Hryniak v. Mauldin, 2014 SCC, at paras. 49 and 66, (S.C.C.)].
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