In what circumstances will a judge grant a summary judgment motion?

Prince Edward Island, Canada


The following excerpt is from CMT et al. v. Government of PEI et al., 2019 PESC 40 (CanLII):

In Trotter v. Trotter, 2014 ONCA 841, Benotto J. addressed the need for the judge on a summary judgment motion to ensure the evidence of the parties is properly assessed and weighed:

Other Questions


When a motion judge exercises her new fact-finding powers under Rule 20.04(2.04) of the new summary judgment rule, is this a case of mixed fact and law? (Prince Edward Island, Canada)
What is the summary judgment case law in summary judgment cases? (Prince Edward Island, Canada)
What are the findings of a motion judge's reasons for judgment on costs? (Prince Edward Island, Canada)
What is the impact of the Sweda decision on a summary judgment motion? (Prince Edward Island, Canada)
What is the test for a motion for summary judgment? (Prince Edward Island, Canada)
When a motion judge exercises her new fact-finding powers under Rule 20.04(2.04) and determines whether there is a genuine issue requiring trial, is it deference? (Prince Edward Island, Canada)
In what circumstances will a material change in circumstances be considered in the context of an interim order? (Prince Edward Island, Canada)
Can a motion judge apply a principle of law or a purely legal question? (Prince Edward Island, Canada)
Can a motion judge reverse a finding of fact? (Prince Edward Island, Canada)
What is the legal test for an application to vacate a judgment by a judge? (Prince Edward Island, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.