What is the test for summary judgment under Rule 20 of the Rules of Civil Procedure?

Ontario, Canada


The following excerpt is from Gregory Smith v. Diversity Technologies Corporation, 2014 ONSC 2460 (CanLII):

In Hyrniak v. Mauldin, the court recently provided guidance on the interpretation of Rule 20 of the Rules of Civil Procedure and introduced a new test for summary judgment. Rule 20.04(2)(a) states that the court shall grant summary judgment if it is satisfied that there is no genuine issue requiring a trial The court noted in para. 49 that if the process allows a judge to make the necessary findings of fact, apply the law to the facts, is a proportionate, more expeditious and less expensive means to achieve a just result, and if the judge is able to reach a fair and just determination on the merits of the motion, there will be no genuine issue requiring a trial.

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