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

Ontario, Canada


The following excerpt is from Children's Aid Society of Haldimand and Norfolk v. B.H. AND K.T., 2016 ONCJ 642 (CanLII):

[30] The test for granting summary judgment is met when the moving party satisfies the court that there is no genuine issue of material fact that requires a trial for its resolution. Not every disputed fact or question of credibility gives rise to a genuine issue for trial. The fact must be material to the determination of the trial. A disputed fact, the existence or non-existence of which will not affect the outcome of the trial, does not raise a genuine issue requiring a trial. See Children’s Aid Society of Toronto v. K.T., supra, per Jones J., at para. [12].

Other Questions


What is the test for summary judgment in a sexual assault case? (British Columbia, Canada)
What is the test for obtaining summary judgment in a sexual assault case? (Ontario, Canada)
What is the test for a motion for summary judgment in a sexual assault case? (Ontario, Canada)
What is the test for granting adjournment in a sexual assault case? (Manitoba, Canada)
What is the test for a summary hearing in a sexual assault case? (Ontario, Canada)
What is the test for refusing to give judgment in a sexual assault case? (Ontario, Canada)
What is the scope of the case at the summary hearing of a sexual assault allegation? (Ontario, Canada)
What are the reasons for judgment in a sexual assault case? (British Columbia, Canada)
What are the reasons for granting summary judgment in a wrongful dismissal case? (Ontario, Canada)
What is the test for granting summary judgment to a tenant in a covenant to insure action in a building loss case? (Ontario, Canada)