In what circumstances will a court grant summary judgment in a personal injury action?
Alberta, Canada
The following excerpt is from Mystar Holdings Ltd. v. 247037 Alberta Ltd, 2009 ABQB 480 (CanLII):
In Noethe v. Noethe, [2002] O.J. No. 1513, the Ontario Superior Court of Justice held, at para. 23 that: "a party has a high onus to meet to prove fraud. For a court to grant summary judgment based on allegations of fraud, the evidence of fraud would need to be unequivocal."
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