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ARTICLE · 11 APRIL 2013

Hinds V. Group 4 Security, 2012 ONCA 207 (Rule 20 – Summary Judgment)

Dentons Canada LLP
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Under Rule 20, the determination of whether there is a "genuine issue requiring a trial" is a legal determination and the standard of review is correctness.

CanadaLitigation, Mediation & Arbitration
Jeremy Millard
Jeremy Millard
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Under Rule 20, the determination of whether there is a "genuine issue requiring a trial" is a legal determination and the standard of review is correctness.  This is also the case on a question of mixed fact and law where it is said that the motion judge applied an incorrect standard, failed to consider a required element of a legal test, or any similar error in principle.  If the motion judge correctly applied the legal test, any factual determinations made by the motion judge will be reviewed on the deferential standard of palpable and overriding error.

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Dentons is a global firm driven to provide you with the competitive edge in an increasingly complex and interconnected marketplace. We were formed by the March 2013 combination of international law firm Salans LLP, Canadian law firm Fraser Milner Casgrain LLP (FMC) and international law firm SNR Denton.

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