What is a summary judgement available in a personal injury case?

Summary judgement is available when the court is satisfied that there is no genuine issue requiring a trial with respect to a claim or defence. In determining whether a genuine issue is present, the court must consider the evidence submitted by the parties and relevant legal principles. In doing so, the judge may exercise any of the following powers for this purpose, unless the interest of justice require that such powers be exercised only at a trial, including the weighing of the evidence, evaluating the credibility of a deponent and drawing reasonable inferences: Hryniak v. Mauldin, 2014 SCC 7, at paras. 43, 44 and 45.