In what circumstances will a motion judge order summary judgment against a party in a personal injury matter?

In matters in which credibility is an issue, Summary Judgment may not be the more proportionate, expeditious or less expensive means to achieve a just result. Evidence by affidavit prepared by a party’s legal counsel, which may include voluminous exhibits, can obscure the affiant’s authentic voice. This makes the motions judge’s task of assessing credibility and reliability especially difficult in a summary judgment and mini trial context. Great care must be taken by the motion judge to ensure that decontextualized affidavit and transcript evidence does not become the means by which substantive unfairness enters, in a way that would not likely occur in a full trial where the trial judge sees and hears all: Baywood Homes Partnership v. Haditaghi, 2014 ONCA 450, 120 O.R. (3d) 438, at para. 44.