What is the evidentiary burden on a party in a motion under Rule 20?
Ontario, Canada
The following excerpt is from Inzola Main Street Inc. v. Brampton (City of), 2017 ONSC 5392 (CanLII):
Since the amendments to Rule 20 in January, 2010, various judges have examined this evidentiary burden. In examining the burden of proof on the moving party and the evidentiary burden on the party responding, Justice Karakatsanis, as she then was, utilized the metaphor that each party must “put its best foot forward” in Hino Motors v. Kell, 2010 ONSC 1329 (CanLII) in the following way:
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