What is the test for determining if there is a genuine issue for trial?
Ontario, Canada
The following excerpt is from Angus v Corporation of the Municipality of Port Hope, 2015 ONSC 6974 (CanLII):
The Defendant submits that in Hryniak v. Mauldin, the SCC held that the test for determining if there exists a genuine issue for trial is whether the process: “(1) allows the judge to make the necessary findings of fact, (2) allows the judge to apply the law to the facts, and (3) is a proportionate, more expeditious and less expensive means to achieve a just result” (at para. 49).
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