Does a motion for summary judgment have to be dismissed?
Manitoba, Canada
The following excerpt is from Hohl v. Hohl, 2018 MBQB 53 (CanLII):
In the view of this court, this matter does parallel the facts underpinning the decision in Pilgrim v. Pilgrim, and the motion for summary judgment must fail due to the uncertainty. However, it is quite obvious to this court that the uncertainty is expressly and specifically on the petitioner’s side, and notwithstanding the dismissal of the motion, the respondent should be entitled to his costs.
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