What is the test for a motion for summary judgment in a personal injury action?

The plaintiff also relies on Bigley v. Saunders, [2004] O.J. No. 1032 (S.C.J.), where the defendant brought a motion for summary judgment to dismiss an action arising from a fatal motor vehicle accident. The plaintiffs, who were claimants under the Family Law Act, alleged that the deceased met his insurance broker the week before his death and had an honest but mistaken belief that the vehicle was insured. The court found that the issue of mistake of fact might have been open to a trial court. The summary judgment motion was dismissed because the court was not satisfied that there was no genuine issue for trial.