How have courts dealt with a summary judgment motion involving competing expert opinions?

Ontario, Canada


The following excerpt is from Canadian National Railway Company v. ACF Industries LLC, 2019 ONSC 307 (CanLII):

Most recently, Myers J. in Li v. Li, 2017 ONSC 1611 (CanLII) dealt with a somewhat similar summary judgment motion involving competing expert opinions as it related to the law of India. At paragraph two, Myers J. stated: …The issue that is the subject matter of the experts’ opinions is proof of foreign law. While our law treats the issue as one of fact, subject to proof on evidence, the evidence amounts to legal argument. The process of determining which legal argument has better support in law on the evidence is closer to resolving an issue of law than it is to making a finding of fact that an event occurred or did not occur on contested eyewitness evidence. Accordingly, in my view, it is in the interests of justice to resolve the narrow legal issue before me summarily.

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