What is the burden of proving a genuine issue?
Ontario, Canada
The following excerpt is from Meredith v. Meredith, 2021 ONSC 5243 (CanLII):
Once the moving party has met its burden to show that there is no genuine issue requiring a trial, the onus shifts to responding party who must do more than rest on mere allegations or denials. He or she must set out in his or her evidence specific facts showing that there is a genuine issue requiring a trial. In short, each party must put his and her best foot forward regarding the existence or non-existence of material facts that must be tried (see: Karlovic v. Karlovic, 2018 ONSC 4233, para. 39).
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