What is the test for a motion to have a fact-finding hearing?
Ontario, Canada
The following excerpt is from Faltas v. Macerollo, 2020 ONSC 1450 (CanLII):
The court must first determine if there is a genuine issue requiring a trial based on the evidence presented without using the fact-finding powers under Rule 20.04(2.1). Under that provision, the motion judge may weigh the evidence, evaluate credibility of a deponent and draw any reasonable inference from the evidence unless it is in the interests of justice for such powers to be exercised only at trial. See: Hyrniak v. Mauldin, 2014 SCC 7.
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