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.
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