What is the test for summarily determining a claim in a personal injury case?
Ontario, Canada
The following excerpt is from Manley v. The Manufacturers Life Insurance Company, 2020 ONSC 399 (CanLII):
The parties both submit that this matter is capable of being determined summarily. I agree. Based on the record before the court, the court is able to (a) make the necessary findings of fact, (b) apply the law to the facts, and (c) reach a fair and just determination on the merits: Hryniak v. Mauldin, 2014 SCC 7, [2014] 1 S.C.R. 87, at para. 49.
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