What is the legal test for a summary judgment motion?

There is a two-step process on a summary judgment motion. First, the court must determine on the record whether there is a genuine issue that requires a trial. If there is no genuine issue for trial, summary judgment must be granted. Second, if there appears to be a genuine issue for trial, the court must determine whether a trial can be avoided by using powers available under Rule 16(6.1) and (6.2), to weigh evidence, draw reasonable inferences, and call oral evidence. These powers are available unless it is in the interests of justice to exercise them only at a hearing. The latter is a matter of judicial discretion. Hryniak v. Mauldin, 2014 SCC 7 at paragraphs 49, 66 – 68. As the court stated, the use of these powers will “not be against the interests of justice if they lead to a fair and just result and will serve the goals of timeliness, affordability, and proportionality in light of the litigation as a whole.” (paragraph 66)