Federal Courts Rules

Marginal note:If no genuine issue for trial

• 215 (1) If on a motion for summary judgment the Court is satisfied that there is no genuine issue for trial with respect to a claim or defence, the Court shall grant summary judgment accordingly.

• Marginal note:Genuine issue of amount or question of law

  (2) If the Court is satisfied that the only genuine issue is

  • (a) the amount to which the moving party is entitled, the Court may order a trial of that issue or grant summary judgment with a reference under rule 153 to determine the amount; or

  • (b) a question of law, the Court may determine the question and grant summary judgment accordingly.

• Marginal note:Powers of Court

  (3) If the Court is satisfied that there is a genuine issue of fact or law for trial with respect to a claim or a defence, the Court may

  • (a) nevertheless determine that issue by way of summary trial and make any order necessary for the conduct of the summary trial; or

  • (b) dismiss the motion in whole or in part and order that the action, or the issues in the action not disposed of by summary judgment, proceed to trial or that the action be conducted as a specially managed proceeding.