Notwithstanding some disputed facts, both sides submit that this is an appropriate case for summary judgment. The parties agree that I can use the fact-finding powers available under Rule 20.04(2.1) to resolve them. Applying the test in Hyrniak v. Mauldin, 2014 SCC 7, [2014] 1 S.C.R. 87, at para. 7, I agree with the parties that summary judgment is the appropriate way to proceed. I am satisfied that I am able to make any factual findings required to adjudicate their claims and reach a fair and just determination, and that it is timely, efficient and proportionate to do so in this case.
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