What is the burden of proving there are no genuine issues requiring a trial?
Ontario, Canada
The following excerpt is from Hookimawillile v. Payukotayno James and Hudson Bay Family Services, 2019 ONSC 3514 (CanLII):
The onus of demonstrating that there are no genuine issues requiring a trial rests with the moving party. The moving party must lead evidence demonstrating that a trial is unnecessary to truly, fairly and justly resolve the issues. It is only after the moving party has met its onus that the burden shifts to the responding party to show that there is a genuine issue requiring a trial: Genivar v. Taylor, [2012] O.J. No. 547 at paragraph 21. The issues
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