What is the test for a motion for summary judgment in an employment standards case?
Ontario, Canada
The following excerpt is from Karmali v. October Enterprises Incorporated (De Berardinis Hair Salon), 2009 CanLII 3556 (ON SC):
These cases make it clear that Rule 20.06(1) is designed to discourage unnecessary motions where a trial is clearly necessary. It is for the unsuccessful party to show that the motion was reasonable. Unlike the case of Smyth v. Waterfall, supra, I cannot say that the motion brought in this case stood virtually no chance of success. I am satisfied that the motion for summary judgment, although unsuccessful, was reasonable for the defendant to bring in light of section 97(2) of the Employment Standards Act, 2000 and the circumstances of this case.
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