What is the standard of evidence used on a summary judgment motion?

On a summary judgment motion, the evidence need not be equivalent to that at trial, but must be such that the judge is confident that he or she can fairly resolve the dispute. A documentary record, particularly when supplemented by the new fact-finding tools, including oral testimony where appropriate, is often sufficient to resolve material issues fairly and justly. On a motion for summary judgment, the judge should first determine if there is a genuine issue requiring a trial based only on the evidence before him or her, without using the new fact-finding powers. If there appears to be a genuine issue requiring a trial, the judge should then determine if the need for a trial can be avoided by using the new fact-finding powers: Hyrniak v. Maudlin, 2014 SCC 7 (CanLII), 2014 CarswellOnt 640, at paras. 49, 57.