When will a summary judgment motion be successful?

When a summary judgment motion allows the judge to find the necessary facts and resolve the dispute, proceeding to trial would generally not be proportionate, timely or cost effective. Similarly, a process that does not give a judge confidence in her conclusions, can never be the proportionate way to resolve a dispute. It bears reiterating that the standard for fairness is not whether the procedure is as exhaustive as a trial, but whether it gives the judge confidence that she can find the necessary facts and apply the relevant, legal principles so as to resolve the dispute (Hyrniak v. Mauldin [2014] SCC 7 @ paragraphs 49-50). Analysis