When will a motion for summary judgment require a trial?
Ontario, Canada
The following excerpt is from Ramsarran v. Assaly Asset Management Corporation, 2019 ONSC 6793 (CanLII):
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 allows the judge to make the necessary findings of fact, allows the judge to apply the law to the facts, and is a proportionate, more expeditious and less expensive means to achieve a just result than going to trial (Hryniak v. Mauldin, 2014 SCC 7, [2014] 1 S.C.R. 87, at paras. 4 and 49).
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