What is the test for granting summary judgment in a personal injury matter?
Ontario, Canada
The following excerpt is from Miletic v. Jaksic, 2014 ONSC 5043 (CanLII):
Based on guidelines set out in Hryniak v. Mauldin, I must first determine, based on the evidence before me, and without using the new fact-finding powers, whether there is a genuine issue requiring trial, to fairly and justly adjudicate the dispute, and whether the motion is a timely, affordable, and proportionate procedure under Rule 20.04(2)(a). If there is no genuine issue requiring trial, I must grant summary judgment.
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