Federal Courts Rules

Marginal note:Where no genuine issue for trial

• 216 (1) Where 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) Where on a motion for summary judgment 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:Summary judgment

  (3) Where on a motion for summary judgment the Court decides that there is a genuine issue with respect to a claim or defence, the Court may nevertheless grant summary judgment in favour of any party, either on an issue or generally, if the Court is able on the whole of the evidence to find the facts necessary to decide the questions of fact and law.

• Marginal note:Where motion dismissed

  (4) Where a motion for summary judgment is dismissed in whole or in part, the Court may order the action, or the issues in the action not disposed of by summary judgment, to proceed to trial in the usual way or order that the action be conducted as a specially managed proceeding.