What is a Respondent's duty to produce admissible evidence in a motion for summary judgment?
New Brunswick, Canada
The following excerpt is from Toronto-Dominion Bank v. Stewart, 2002 NBQB 44 (CanLII):
In a motion for summary judgment, as per Cannon v. Lange, supra p. 132, there is a duty on the responding party to produce admissible evidence which will prevent a conclusion that the action is bereft of merit. The respondent must “put their best foot forward” and “must lead trump or risk losing”.
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