Legal Blog:

Defenceless

The Ontario Rules of Civil Procedure contain a provision allowing one party to bring a motion for summary judgment against the other party. In essence, the moving party has the onus to demonstrate that, based on the evidence adduced on the motion, there is no genuine issue requiring a trial. The parties submit their evidence by way of affidavit and the motions judge may safely assume that the parties have put forward their best evidence. At the end of the motion, an unsuccessful party cannot cry, “and this is only the beginning, you should see what I have held back for trial!” A party either puts forward sufficient evidence to support its position or it suffers the consequences.

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