What are the parties' obligations on a summary judgment motion?
Ontario, Canada
The following excerpt is from Ronald Gunraj v. Chris Cyr, 2012 ONSC 1609 (CanLII):
Nevertheless, the well-established principles relating to the parties obligations on summary judgment motions continue to apply. In particular, each party must still “put its best foot forward”: Combined Air at para. 56. The moving party must provide a level of proof that demonstrates that a trial is unnecessary to fairly and justly resolve the issues: Healey v. Lakeridge Health Corp.[4]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any case law where a motion for summary judgment has been granted in favour of summary judgment? (Ontario, Canada)
Does a party who brings the motion as well as the witnesses upon whom the moving/applying party relies have an obligation to present and present witnesses to the motion? (Ontario, Canada)
Does a summary judgment motion judge have the authority to grant summary judgment? (Ontario, Canada)
Can a summary judgment motion be used to obtain summary judgment in a civil case? (Ontario, Canada)
On a motion for summary judgment, does the record contain all evidence that the parties will present if there is a trial? (Ontario, Canada)
What is the test for a motion for summary judgment against a parent for failing to supervise their 17 year old son's birthday party? (Ontario, Canada)
What is the law of summary judgment including partial summary judgment? (Ontario, Canada)
Is a request for leave to amend a mid-motion to a motion for summary judgment fair? (Ontario, Canada)
What is the evidentiary onus on the responding party in a motion for summary judgment? (Ontario, Canada)
What is the test for assessing a party’s objectives in the context of a motion for summary judgment? (Ontario, Canada)
