What is the test for partial summary judgment in a case involving missing documentation?

Ontario, Canada


The following excerpt is from Total Meter Services Inc. v Aplus General Contractors Corp., 2015 ONSC 3830 (CanLII):

The parties have acknowledged that a trial is required with respect to certain additional work and back-charges. It will not serve the goals of timeliness, affordability and proportionality to use the fact-finding powers available to the court to decide this claim for partial summary judgment. Ordering a “mini-trial” in relation to the holdback for missing documentation is not the proportionate course of action. Nor is it a fair course of action, considering the difficult task of assessing credibility in this case with voluminous exhibits, and contradictory and inconsistent affidavits, which can obscure the affiant’s authentic voice, as discussed in Baywood Homes Partnership v. Haditaghi.[8]

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