In what circumstances will a motion for summary judgment be successful?
Ontario, Canada
The following excerpt is from The 6th Line Mofos Limited v. Stewart, 2022 ONSC 520 (CanLII):
In Hryniak v. Mauldin, 2014 SCC 7, [2014] 1 S.C.R. 87, at para. 49, Karakatsanis J. stated: There will be no genuine issue requiring 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.
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