In what circumstances will a judge grant summary judgment?
Ontario, Canada
The following excerpt is from Family and Children’s Services of Frontenac, Lennox and Addington v. C.O. and A.W, 2018 ONSC 1893 (CanLII):
Also in Hryniak v. Mauldin, Justice Karakatsanis states "On a summary judgment motion, the evidence need not be equivalent to that at trial, but must be such that the Judge is confident that she can fairly resolve the dispute. A documentary record, particularly when supplemented by the new fact-finding tools, including ordering oral testimony, is often sufficient to resolve material issues fairly and justly. The powers provided in Rules 20.04(2.1) and (2.2) can provide an equally valid, if less extensive, manner of fact finding."
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a summary judgment motion judge have the authority to grant summary judgment? (Ontario, Canada)
In what circumstances will a judge grant summary judgment in a dental malpractice action against a group of dentists? (Ontario, Canada)
Is there any case law where a motion for summary judgment has been granted in favour of summary judgment? (Ontario, Canada)
Can a summary judgment motion be used to obtain summary judgment in a civil case? (Ontario, Canada)
In what circumstances will a court grant partial summary judgment? (Ontario, Canada)
In what circumstances will a court grant summary judgment against a plaintiff for an improvident sale? (Ontario, Canada)
In what circumstances will a motion judge order summary judgment against a party in a personal injury matter? (Ontario, Canada)
What is the law of summary judgment including partial summary judgment? (Ontario, Canada)
In what circumstances will summary judgment be granted in a personal injury case? (Ontario, Canada)
Is a motion judge's decision to grant summary judgment sufficient deference? (Ontario, Canada)
