The Plaintiff applied for Summary Judgment. Lee J. stated that when applying for Summary Judgment as a Plaintiff, the Plaintiff bears the ultimate onus of meeting the requirements of Rule 7.3. The Court determined that the Plaintiff bears the evidentiary burden of proving its Cause of Action on a balance of probabilities such that every fact necessary to support the claim must be proven. His Lordship then determined that the Defendant can avoid Summary Judgment in favour of the Plaintiff by proving that there is a genuine issue for trial. The Court noted that it must be beyond doubt that no genuine issue for trial exists. Lee J. granted the Application: the Plaintiff had established his Cause of Action, and the Respondent had failed to prove that there was any genuine issue for trial.