What is the test for summary judgment in a personal injury action?

Ontario, Canada


The following excerpt is from Persaud v. Solar Power Networks Inc., 2018 ONSC 6972 (CanLII):

As set out in Hryniak v. Mauldin, 2014 SCC 7 (CanLII), at para. 49: [T]here will be no genuine issue requiring a trial when the judge is able to reach a fair and just determination on the merits using the summary judgment process. This is the case when the process: "(1) allows the judge to make the necessary findings of fact, (2) allows the judge to apply the law to the facts, and (3) is a proportionate, more expeditious and less expensive means to achieve a just result."

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