What is the test for summary judgment in a personal injury matter?

The principles governing the appropriate use of summary judgment are well understood: Hyrniak v. Mauldin, 2014 SCC 7. First, a motion judge should determine if there is a genuine issue requiring trial based on the evidence before her without using the enhanced fact-finding powers under r. 20.04(2.1). Second, if there appears to be a genuine issue requiring a trial, the motion judge should determine if the need for trial can be avoided by using the enhanced powers under r. 20.04(2.1), which allow the judge to weigh evidence, evaluate credibility and draw any reasonable inference from the evidence, as well as to order that oral evidence be presented by one or more parties. However, the overarching goal remains to have a fair process that results in a just adjudication of disputes.