In Hyrniak v. Mauldin, 2014 SCC 7 (CanLII), 2014 S.C.C. 7, the court provided guidance on the interpretation of Rule 20 of the Rules of Civil Procedure. The court noted in paragraph 49 that if the process allows a judge to make the necessary findings of fact, apply the law to the facts, is a proportionate, more expeditious and less expensive means to achieve a just result, and if the judge is able to reach a fair and just determination on the merits of the motion, there will be no genuine issue requiring a trial.
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