What is the test for a motion under Rule 21.01(1)(a)?

Ontario, Canada


The following excerpt is from Alafi v. Lindenbach, 2022 ONSC 1435 (CanLII):

Rule 21.01(1)(a) is not intended to provide a process for a pre-trial determination where any one or both of the following factors is present: • Material facts are in dispute (i.e., there is no agreement between the parties as to the material facts which underpin the question of law posed); and • The motion requires consideration of a matter of law which has not been fully resolved/settled in the jurisprudence: see Portuguese Canadian Credit Union v. CUMIS, 2010 ONSC 6107, 104 O.R. (3d) 16, at para. 28.

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