What is the test for a motion for summary judgment in a civil matter?
Ontario, Canada
The following excerpt is from 1781807 Ontario Limited v. Cohen Highley LLP, 2020 ONSC 3247 (CanLII):
The law on summary judgment is well-established and understood. There will be no genuine issue requiring a trial when the judge is able to reach a fair and just determination on the merits on a motion for summary judgment. This will be the case when the process (1) allows the judge to make the necessary findings of fact, (2) allows the judge to apply the law to the facts, and (3) is a proportionate, more expeditious and less expensive means to achieve a just result: Hyrniak v. Mauldin, 2014 SCC 7 at para. 49.
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