Aylward v. Dalhousie University, 2011 NSCA 20, a Nova Scotia decision, shows consistency with Ontario civil caselaw regarding summary judgment. Each party must put forward a full case -- evidence and not allegations is required:
[11] ... Dalhousie's motion for summary judgment was based "on evidence", thus triggering Civil Procedure Rule 13.04 which states:
13.04(1) A judge who is satisfied that evidence, or the lack of evidence, shows that a statement of claim or defence fails to raise a genuine issue for trial must grant summary judgment.
...
(3) On the motion for summary judgment on evidence, the pleadings serve only to indicate the laws and facts in issue, and the question of a genuine issue for trial depends on the evidence presented.
(4) A party who wishes to contest the motion must provide evidence in favour of the party's claim or defence by affidavit filed by the contesting party, affidavit filed by another party, cross-examination, or other means permitted by a judge. ...
As noted by Chief Justice Kennedy in his reasons, each side must put its "best-foot forward" with respect to the existence or non-existence of material issues to be tried.
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