Summary judgment -- evidence needed

Conn v. Goldstone Resources Inc., 2011 ONCA 727, released today on line, is a helpful case reminding us that on a summary judgment motion evidence is needed:

 [5]              In our view there was sufficient evidence to support the motion judge’s conclusion on this issue.  The appellant filed no affidavit material on the motion, in the face of the requirement in Rule 20.02(2) requiring “a responding party may not rest solely on the allegations or denials in the party’s pleadings, but must set out, in affidavit material or other evidence, specific facts showing that there is a genuine issue requiring a trial.”  In contrast the respondents filed affidavits from employees generally supporting the conclusions which she reached.