Can a motion judge make a summary judgment decision based on uncontested facts or facts that are admitted or baldly denied?
Ontario, Canada
The following excerpt is from CAS of S.D.G v. A.G. and K.T, 2021 ONSC 4172 (CanLII):
A motions judge can make a summary judgment decision based on uncontested facts, or facts that are admitted or baldly denied if those facts are sufficient to establish that there is not a genuine issue requiring a trial. The court does not have to make findings of fact on contested facts if it is not necessary to come to the ultimate determination: JFCS v. E.K.B., 2019 ONSC 6661.
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