Does a Respondent to a Motion for Summary Judgment have an obligation to lead trump or risk losing?
Ontario, Canada
The following excerpt is from Van Nispen v. McCarron & Chobotiuk Financial Services, 2019 ONSC 3658 (CanLII):
As the Court of Appeal has held, the responding party to a motion for summary judgment has an obligation to lead trump or risk losing: see Corchis v. KPMG Peat Marwick Thorne, 2002 CanLII 41811, at para. 6.
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