“On a summary judgment motion, the judge must first determine if there is a genuine issue requiring a trial based only on the written evidence before her. If the answer to this question is no, the court must grant summary judgment. If it appears that there is a genuine issue requiring a trial, the judge should then determine if the need for a trial can be avoided by using the new fact-finding powers. Those powers may be used at the court’s discretion provided that doing so is not contrary to the interest of justice. Their use will not be contrary to the interest of justice if they will lead to a fair and just result and will serve the goals of timeliness, affordability and proportionality in light of the litigation as a whole. See Hryniak v. Mauldin, 2014 SCC 7.”