In what circumstances will the court assume that the parties have placed before it all of the evidence that will be available for trial?
Ontario, Canada
The following excerpt is from Cosolo v Geo. A. Kelson Limited, 2017 ONSC 4150 (CanLII):
Hryniak v. Mauldin, supra does not alter the principle that the court will assume that the parties have placed before it, “in some form,” all of the evidence that will be available for trial. In “some form” means that it is not necessary for a party to proffer evidence in as comprehensive or exhaustive non-summary way as befits a trial, but it means that the party must at least show that there is some substance to his or her claim or defence that can be further developed at a trial. In the case at bar, there is no substance to Kelson’s breach of fiduciary duty setoff claim and there are no genuine issues requiring a trial.
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