What is the legal test for summary judgment in a personal injury case?

Ontario, Canada


The following excerpt is from Khosa v. Homelife/United Realty Inc., 2019 ONSC 4788 (CanLII):

Pursuant to Rule 20.01(3), a defendant may move for summary judgment to dismiss all or part of a claim. Rule 20.04(2)(a) provides that the court shall grant summary judgment if satisfied that there is no genuine issue requiring a trial with respect to all or part of the claim. Summary judgment is a significant alternative model of adjudication by which the court may exercise fact-finding powers (i.e., the power to weigh evidence, evaluate credibility, and draw inferences), as may be required, in order to eliminate unmeritorious claims that have no chance of success at trial: Hryniak v. Mauldin, 2014 SCC 7 at para 45.

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