What is the evidentiary onus on the responding party in a motion for summary judgment?
Ontario, Canada
The following excerpt is from 2052770 Ont. Ltd. v. Oriental Chef Buffet Group Inc., 2011 ONSC 7520 (CanLII):
With respect to the evidentiary onus on the responding party, the Court in Reid v. Livingstone, 2004 CanLII 13020, stated: “A responding party is not entitled to sit back and rely on the possibility that more favourable facts may develop by trial. If the respondent wishes to avoid summary judgment, it must put its best foot forward and “lead, trump, or risk losing”.”
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