What is the test for establishing that there is no genuine issue requiring a trial?
Ontario, Canada
The following excerpt is from Duhaney v. McLean-Duhaney, 2020 ONSC 6564 (CanLII):
In other words, once the moving party discharges the burden of showing that there is no genuine issue requiring a trial, the onus shifts to the responding party. That party must then provide evidence of specific facts showing that there is a genuine issue requiring a trial (Ramdial v. Davis, at para. 30).
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