Can a summary judgment motion (and, by analogy, on a s. 44(5) motion) be successful?

Judgment may be rendered on a summary judgment motion (and, by analogy, on a s. 44(5) motion) provided that the trial judge is able to reach a fair and just determination on the merits on the basis of the record filed. See Hyrniak v. Mauldin, 2014 SCC 7 at para. 49, where Karakatsanis J. held that a fair and just determination will be possible where the process (1) allows the judge to make the necessary findings of fact; (2) allows the judge to apply the law to the facts; and, (3) is a proportionate, more expeditious and less expensive means to achieve a just result.