Thursday, May 17, 2012

Bald assertion of facts not evidence

Mosher Engineering Limited v. Ootoova Estate, 2011 NUCA 6 is yet another case making it clear that, to resist summary judgment, there needs to be an evidentiary record created that shows a genuine issue for trial:


[7]   The chambers judge was correct that the admission was not binding on the appellant. There is not, however, any evidence on this record sufficient to resist summary dismissal. The case law is clear that the plaintiff cannot just allege facts to resist summary dismissal, but must bring forward some evidence to show that there is a genuine issue for trial: Canada (Attorney General) v. Lameman, 2008 SCC 14 (CanLII), 2008 SCC 14, [2008] 1 SCR 372, at para. 19.


Anonymous said...

Do affidavits count as evidentiary record?

James C Morton said...

Yes they do