Background & purpose of the system 1 basic institutions, processes, and players 3

parties try not to (court may draw an adverse inference

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Legal Process II (Farrow) - 2021 Winter

Factums are required 20.03
If there was a “he said she said” dispute / dramatic disputes on fact – used to be the case that a trial would be required for live evidence. Now, judge’s powers have been extended:
- 20.04(2.1) court shall consider the evidence and judge may exercise any of the following powers: weigh evidence, evaluate credibility, or draw any reasonable inference
- 20.04(2.2) may allow oral evidence presented with or without time limits (mini trial)
- Still the case that if there are major issues of fact, judge will order a trial
- 20.02(1) where trial is necessary, court can give terms

20.06 Court may order costs of a motion for summary judgement on a substantial indemnity basis
- Deterrent from bringing frivolous motions
- Hryniak: encouraged courts need to be more courageous in determining cases before trial, bring culture shift into play, and use of summary judgement for access to justice

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