Can a judge on a summary judgment motion assess credibility and weigh evidence?
Ontario, Canada
The following excerpt is from Johnson v. Studley, 2014 ONSC 1732 (CanLII):
Rules 20.04(2.1) and (2.2), which were introduced in 2010, provide the court with the power to weigh the evidence, evaluate the credibility of a deponent and draw reasonable inferences from the evidence. The 2010 amendments to the summary judgment rule were introduced to statutorily overrule a line of cases associated with Aguonie v. Galion Solid Waste Material Inc.,[2] which had held that a judge on a summary judgment motion cannot find facts and assess credibility and weigh evidence.
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