On a motion for summary judgment, does the record contain all evidence that the parties will present if there is a trial?
Ontario, Canada
The following excerpt is from Windsor-Essex Children's Aid Society v. K.M., 2015 ONCJ 553 (CanLII):
[30] On a motion for summary judgment the motions judge is entitled to assume the record contains all evidence the parties will present if there is a trial: Toronto Dominion Bank v. Hylton, 2012 ONCA 614, at para. 5.
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