What is the test for granting summary judgment in a civil matter where there is no genuine issue requiring a trial?

The parties have correctly pointed to the decision in Hryniak v. Mauldin, [2014] SCC 7, which directs me to consider determining the issue where there is no genuine issue requiring a trial. This is based upon my ability to reach a fair and just determination on the material before me. Further, as part of assessing whether summary judgment is in the “interest of justice”, at paragraph 60, Justice Karakatsanis notes, “…partial summary judgment may run the risk of duplicative proceedings or inconsistent findings of fact and therefore the use of the powers may not be in the interest of justice. On the other hand, the resolution of an important claim against a key party could significantly advance access to justice, and be the most proportionate, timely and cost effective approach.” In my view, there is sufficient material before me and the absence of significant credibility issues that a fair and just determination of this issue can be made. As a result, I will address the issues as raised. Issue 1 – Rebuild Started Within Two Years