What is the test for obtaining summary judgment in a sexual assault case?

Pursuant to rules 16(1) and 16(4), to obtain summary judgment, the moving party must set out specific facts showing that there is no genuine issue requiring a trial. Pursuant to rule 16(4.1), the responding party may not 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 for trial. In short, each party must put his and her best foot forward regarding the existence or non-existence of material facts that have to be tried. See Karlovic v. Karlovic, 2018 ONSC 4233 ¶ 39.