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

Summary Judgement (r. 20)

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  A way to look at the merits before needing a full blown trial; key difference is evidence
  
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  20.01(1): after the D has delivered statement of defence, plaintiff may move with affidavit material or other evidence for summary judgement on all or part of the claim
  
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  20.01(3): defendant may do the same
  
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  Rationale: efficiency
  
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  20.04(2) the court shall grant summary judgement if
  
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    (a) court is satisfied that there is no genuine issue requiring a trial with respect to a claim
    
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    (b) parties agree to have all or part of the claim determined by summary judgement and court is satisfied that it is appropriate (Brown, uncommon)
    
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  How: by motion – use 37 and 39
  
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  Evidence on motion 20.02(1) affidavit, may be made on “information and belief” (hearsay), but not as strong and