What is the evidentiary burden on a responding party in a Rule 20 summary judgment motion?
Ontario, Canada
The following excerpt is from St. Andrews v. Oakville-Trafalgar Memorial Hospital, 2005 CanLII 28429 (ON SC):
On a Rule 20 summary judgment motion, the onus is on the moving party to show that there is no genuine issue for trial. However, the respondent must put its best foot forward and as set out in Dawson v. Rexcraft Storage and Warehouse Inc.[3]: …there is an evidentiary burden on the responding party who may not rest on the allegations or denials in the party’s pleadings, but must present by way of affidavit, or other evidence, specific facts showing that there is a genuine issue for trial. The motions judge is entitled to assume that the record contains all the evidence which the parties will present if there is a trial.
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