Can a summary judgment be granted where evidence is unclear, conflicting and/or inconsistent?
Ontario, Canada
The following excerpt is from E.A. v. F.A.S., 2014 ONSC 2761 (CanLII):
Summary judgment will not be granted where evidence is unclear, conflicting and/or gives rise to issues of credibility. Bruxer v. Bruxer, supra, at para. 24.
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