What is the evidentiary burden of proving there is no genuine issue requiring a trial?
Ontario, Canada
The following excerpt is from Baltadjian v The Roman Catholic Episcopal Corporation for the Diocese of Alexandria, 2017 ONSC 61 (CanLII):
The moving party bears the onus of proving there is no genuine issue requiring a trial. An evidentiary burden to support that a genuine issue exists only rests with the responding party if the moving party demonstrates a prima facie right to summary judgment – Kelly v. Cote 2015 ONSC 2155 at 14.
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