Is summary judgment a fair process to adjudicate the issues on their merits?

It is incumbent on the motions judge to determine if the summary judgment procedure is a fair process to adjudicate the issues on their merits and there is no genuine issue requiring a trial. There is no genuine issue requiring a trial if the evidence before the court allows the judge to make the necessary findings of fact on which to apply the law, and is a proportionate, more expeditious and less expensive means than a conventional trial to achieve a just result: Hryniak v. Mauldin, 2014 SCC 7.

The parties are each expected to put their best foot forward when presenting their evidence. The court is entitled to presume all evidence that would be available at trial is in evidence before the court on the motion so that the court is assured of a sufficient evidentiary record on which to decide the case. See Sweda Farms v. Egg Farmers of Ontario, 2014 ONSC 1200, affirmed on appeal at 2014 ONCA 878.