Is a motion for summary judgment a genuine issue requiring a trial?
Alberta, Canada
The following excerpt is from Condominium Corporation No 072 8880 v Sully, 2021 ABQB 901 (CanLII):
Hryniak v. Mauldin, supra, states: There will be no genuine issue requiring a trial when the judge is able to reach a fair and just determination on the merits on a motion for summary judgment. This will be the case when 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.
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