What is the test for a motion for summary judgment in a sexual assault case?

The motion judge also rejected an argument by the appellants that evidence might be available at trial, such as that of the other individual defendants, that could satisfy the trier of fact that the respondent was involved in the alleged assault. The motion judge found that this argument “has no merit”. She said that on a motion for summary judgment, the responding party may not rely on the prospect of additional evidence that may be tendered at trial; the responding party must put its best foot forward, citing Sweda Farms v. Egg Farmers of Ontario, 2014 ONSC 1200, at para. 26, aff'd 2014 ONCA 878, leave to appeal refused, [2015] S.C.C.A. No. 97.