What is the effect of lay opinion evidence on a summary judgment motion?

Manitoba, Canada


The following excerpt is from Arctic Foundations of Canada Inc. et al., 2009 MBQB 309 (CanLII):

I have already acknowledged the now well-established use of lay opinion evidence. I also acknowledge the need on a summary judgment motion to restrain the degree to which I weigh the evidence. Nevertheless, it is not adequate for a responding party who has adduced insufficient evidence to say that more and better evidence may be available at trial. See Perth Services v. Quinton et al., supra. The occasion is now for a party to put its best foot forward with specific facts and coherent evidence that will enable the judge to say there is an issue that is genuine and which possesses a real chance of succeeding at trial. Without such evidence, a party’s position may not withstand “a good hard look”.

Other Questions


How have courts dealt with a husband's motion for summary judgment on a motion to invalidate a binding agreement? (Manitoba, Canada)
Does a motion for summary judgment have to be dismissed? (Manitoba, Canada)
If a judgment is not a foreign judgment, can an estoppel be applied to an earlier judgment? (Manitoba, Canada)
Can a summary judgment be overturned on the basis of facts discovered after entry of the judgment? (Manitoba, Canada)
When will a motion for summary judgment not require a trial? (Manitoba, Canada)
What is the legal test for a motion for summary judgment? (Manitoba, Canada)
What considerations must be considered in the context of a motion for summary judgment in a personal injury case? (Manitoba, Canada)
Can a motion for the introduction of fresh evidence be dismissed at the hearing? (Manitoba, Canada)
In what circumstances will a court grant summary judgment to a husband who rejected the terms of his wife’s divorce agreement? (Manitoba, Canada)
What is the effect of a motion to keep an injunction in place until a decision is rendered at trial? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.