What is the test for determining a genuine issue for trial?

There will be no genuine issue for trial when the judge is able to reach a fair and just adjudication. It is achieved when the process allows the judge to make the necessary findings, apply the law to the facts, and the process is a more proportionate, more expeditious and less expensive means to achieve a just result: Hryniak v. Mauldin, 2014 SCC 7 at para. 49.

The onus to establish the absence of a genuine issue rests on the moving party. However, the responding party also has an evidentiary burden, often referred to as “lead[ing] trump or risk losing”. The responding party cannot merely rest on the allegations or denials in the pleadings but must present evidence demonstrating that there are genuine issues for trial: Columbos v. Columbos, 2014 ONSC 1342, at para. 10.