What is the standard of certainty required for a summary judgment application?
British Columbia, Canada
The following excerpt is from Wheeler v Doe, 2021 BCSC 1457 (CanLII):
He says the standard of certainty required for a summary judgment application to succeed is exceptionally high, referring to Beach Estate v. Beach, 2019 BCCA 277 (“Beach”). To succeed, it needs to be “manifestly clear” that it is “beyond a reasonable doubt” that there is no “genuine issue for trial”.
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