What is the test for putting a "best foot forward" in a Rule 17A application?
Newfoundland and Labrador, Canada
The following excerpt is from Parsons v. Wm. Tapper Limited, 2019 NLSC 211 (CanLII):
In Hannam v. Farrell, 2007 NLTD 97, at paragraph 10, Handrigan J. said: 10 The party applying must also put forward evidence which supports each element of its claim, counterclaim or defence, as the case may be. If it does, the onus shifts to the responding party, if it opposes the application, to show there is a genuine issue for trial and that it would be unjust to decide the issue on the application. Each party must "put its best foot forward" when making or opposing a Rule 17A application.
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