What is the test for a summary dismissal?
British Columbia, Canada
The following excerpt is from Waterton Global Resource Management, Inc. v Bockhold, 2022 BCSC 499 (CanLII):
The onus is on the party seeking the summary dismissal to prove that there is no genuine issue for trial. If the defendant is able to meet this high bar, the burden shifts to the plaintiff to refute or counter the defendant’s evidence: Canada v. Lameman, 2008 SCC 14 at paras.10 and 11.
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