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

Ontario, Canada


The following excerpt is from Wright v. 861467 Ontario, 2020 ONSC 1274 (CanLII):

Rule 20.04(2)(a) provides that summary judgment shall be granted if there is no genuine issue requiring a trial with respect to a claim or defence. There is no genuine issue requiring a trial when a fair and just determination on the merits can be reached on a motion for summary judgment, which will be the case when the motion, i) allows for the motion judge to make the necessary findings of act, ii) allows the motion judge to apply the law to the facts, and iii) is a proportionate, more expeditious and less expensive means to achieve a just result: Hyrniak v. Mauldin, 2014 SCC 7 at para 49.

Other Questions


What is the standard of review in the context of a motion for summary judgment in a personal injury case? (Ontario, Canada)
What is the effect of a motion for summary judgment in a personal injury case? (Ontario, Canada)
What is the role of counsel for all parties in making a motion for summary judgment in a personal injury case? (Ontario, Canada)
What is the test for a judge to consider a motion for summary judgment in a personal injury case? (Ontario, Canada)
Can a summary judgment motion be used to obtain summary judgment in a civil case? (Ontario, Canada)
What is the legal test for a motion for summary judgment in a personal injury case? (Ontario, Canada)
Is there any case law where a motion for summary judgment has been granted in favour of summary judgment? (Ontario, Canada)
What is the legal test for summary judgment in a personal injury case? (Ontario, Canada)
What is the effect of summary judgment in a personal injury case? (Ontario, Canada)
What is the current state of the law on personal injury representation in personal injury cases? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.