What is the evidentiary burden placed on a responding party to support its position that a genuine issue does not exist?
Ontario, Canada
The following excerpt is from Youssef v Meddaoui, 2016 ONSC 5424 (CanLII):
Where a moving party has discharged its obligation and demonstrated a prima facie case that there is no genuine issue requiring a trial, then there is an evidentiary burden placed on the responding party to support its position that a genuine issue requiring a trial exists: see Toronto Dominion Bank v. 466888 Ontario Ltd., 2010 CarswellOnt 4753 (S.C.J.) at para. 2, cited by the plaintiffs.
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