Toronto-Dominion Bank v. Hylton, 2012 ONCA 614 holds:
[5] A party
moving for summary judgment has the evidentiary burden of showing there is no
genuine issue for trial. Once this burden is discharged the responding party
must prove that its defence has a real chance of success. Each party must put
its best foot forward to establish whether or not there is an issue for trial.
The court is entitled to assume that the record contains all the evidence the
parties would present at trial.
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