What is the test for a motions judge to dismiss a motion for personal injury?
Ontario, Canada
The following excerpt is from Rodriguez v Zhang, 2015 ONSC 5644 (CanLII):
The motions judge must consider whether the law can be applied to the facts as disclosed on the motion record so as to give the judge confidence that the dispute can be resolved without a trial. Where the motions judge can find the “necessary facts” on the motions record and dispose of the dispute “the dispute proceeding to trial would generally not be proportionate, timely or cost effective”: [Hryniak v. Mauldin, at para. 50].
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