If there is no genuine issue requiring a trial, can summary judgment be granted?
Ontario, Canada
The following excerpt is from GRG Building Consultants Inc. v Juffs, 2016 ONSC 6905 (CanLII):
If there is no genuine issue requiring a trial, then summary judgment must be granted. If there is a genuine issue requiring a trial, then a judge must determine whether the matter can be resolved using the fact-finding powers under the Amended Rule 20: Hryniak v. Mauldin, at para. 68.
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