Does conflicting affidavit evidence on material facts require a trial?
Ontario, Canada
The following excerpt is from St. Lewis v. Rancourt, 2013 ONSC 3334 (CanLII):
Rule 14.05 (3) (h) prohibits proceedings by application where there are material facts in dispute. There is ample case law that conflicting affidavit evidence on material facts requires a trial; see Danson v. Ontario, 1990 CanLII 93 (SCC), [1990] 2 S.C.R. 1086.
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