Is there any genuine issue requiring a trial?
Ontario, Canada
The following excerpt is from Celestini v. Shoplogix Inc., 2021 ONSC 3539 (CanLII):
There will be no genuine issue requiring a trial when the court is able to reach a fair and just determination on the merits using the summary judgment process. This will be the case when the process: (1) allows the court to make necessary findings of fact, (2) allows the court to apply the law to the facts, and (3) is a proportionate, more expeditious and less expensive means to achieve a just result: Hryniak v. Mauldin, 2014 SCC 7 at para 49.
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