What is the law of summary judgment including partial summary judgment?

Ontario, Canada


The following excerpt is from Gravelle v. Zaitzeff Law Professional Corporation et al., 2018 ONSC 693 (CanLII):

The law of summary judgment including partial summary judgment is set out in Rule 20.04 of the Rules of Civil Procedure, and the decision in Hryniak v. Mauldin, 2014 SCC 7 (CanLII), [2014] 1 S.C.R. 87. 20.04 … (2) The court shall grant summary judgment if, (a) the court is satisfied that there is no genuine issue requiring a trial with respect to a claim or defence; or (b) the parties agree to have all or part of the claim determined by a summary judgment and the court is satisfied that it is appropriate to grant summary judgment (2.1) In determining under clause (2) (a) whether there is a genuine issue requiring a trial, the court shall consider the evidence submitted by the parties and, if the determination is being made by a judge, the judge may exercise any of the following powers for the purpose, unless it is in the interest of justice for such powers to be exercised only at a trial: 1. Weighing the evidence. 2. Evaluating the credibility of a deponent 3. Drawing any reasonable inference from the evidence (2.2) A judge may, for the purposes of exercising any of the powers set out in subrule (2.1), order that oral evidence be presented by one or more parties, with or without time limits on its presentation.

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