What is the applicable test on a motion for summary judgment?
Ontario, Canada
The following excerpt is from The Toronto-Dominion Bank v. Froom, 2016 ONSC 2095 (CanLII):
The applicable test on a motion for summary judgment is well known. It is set out in Hyrniak v. Mauldin, 2014 SCC 7 (CanLII). One part of the test states that the court must be able to make the necessary findings of fact on the motion.
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