Does a motion for summary judgment reverse the onus of proof?
Ontario, Canada
The following excerpt is from 2174372 Ontario Ltd. v. Dharamshi, 2021 ONSC 6139 (CanLII):
A plaintiff or defendant bringing a motion for summary judgment does not thereby reverse the onus of proof. See for example, Sanzone v. Schechter, 2016 ONCA 566, at paras. 30-32, confirming the initial evidentiary obligation borne by the moving party (in that case the defendant) on a summary judgment motion.
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