What is the standard of evidence used on a motion for summary judgment?
Ontario, Canada
The following excerpt is from CAS of S.D.G v. A.G. and K.T, 2021 ONSC 4172 (CanLII):
The evidence on a motion for summary judgment should be the best evidence available. Having said that, Rule 16 FLR does not absolutely prohibit the use of hearsay evidence, but rather indicates that the court may draw unfavourable conclusions against the party who relies on it: Children's Aid Society of Oxford County v. O.(J.), 2014 ONCJ 146, [2014] O.J. No. 1488, at para. 13.
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