What is the proper inquiry in a motion where a party has established that there is no genuine issue requiring trial?
New Brunswick, Canada
The following excerpt is from Savard-Nash v. Kenny, 2018 NBQB 131 (CanLII):
Actually, the proper inquiry is whether the moving party has established on a balance of probabilities that there is no genuine issue requiring trial (O’Toole v. Peterson, supra at para. 68).
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