What is the test for determining whether there is a genuine issue requiring a trial based on evidence filed without using Rule 20?
Ontario, Canada
The following excerpt is from Zachariadis Estate v. Giannopoulos, 2019 ONSC 6505 (CanLII):
The court must first determine whether there is a genuine issue requiring a trial based on the evidence filed without using the fact-finding powers prescribed by Rule 20. This occurs when the judge can make the necessary findings of fact and the judge can apply the law to the facts: Hryniak v. Mauldin, 2014, SCC 7, at paras. 49, 66.
The evidence must be such that the judge is confident that he or she can fairly resolve the dispute: Hryniak v. Mauldin, 2014, SCC 7, at paras. 50 and 57.
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