Is a court bound to assume that the record contains all the evidence the parties would provide if the matter proceeded to trial?
Ontario, Canada
The following excerpt is from The Riverside Professional Centre Inc. v. The Ottawa Hospital, 2021 ONSC 1705 (CanLII):
In Sweda Farms v. Egg Farmers of Ontario, 2014 ONSC 1200 the court stated that on a motion for summary judgment it was entitled to assume that the record contained all of the evidence the parties would provide if the matter proceeded to trial.
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