What is the legal test for a motion for summary judgment in a personal injury case?

The due diligence requirement in a civil action is fundamental so as to ensure there is finality with the trial judge’s, or in this case, the motion judge’s decision. A trial, and for that matter, a motion for summary judgment, is not a “dress rehearsal” as Spies J. stated in Lo v. Ho [2010] O.J. No. 1055, at paragraph 40: … counsel cannot and should not assume that the court will be receptive to reopening a trial to hear evidence that they decided not to call or mistakenly forgot to lead. There are no exceptional circumstances or any concerns that dismissing the motion will result in a miscarriage of justice that would warrant relaxing the “due diligence requirement” in this case. To the contrary, if counsel could obtain an order reopening a trial in these circumstances, in my view, that would amount to abuse of the court’s process.