What is the test for a motion to dismiss a motion for summary judgment?
British Columbia, Canada
The following excerpt is from Trout v. MacEwen, 2011 BCPC 266 (CanLII):
The defendants rely upon Edgar v. British Columbia, 2004 BCSC 543, which, at paragraph 6, confirms the following with respect to the question for consideration by the court on such a motion, namely: . . . whether there is any evidence on which the trier of fact can reasonably find for the plaintiff. It is for the trier of fact to determine whether there is some evidence to support each element of the cause of action that the plaintiff must prove in order to succeed.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When there are two defendants in a motion for summary judgment against each other, does the court have any authority to grant summary judgment? (British Columbia, Canada)
What is the cost of a summary trial for a motion of summary judgment? (British Columbia, Canada)
What is the test for dismissing a motion for summary judgment under the mootness doctrine? (British Columbia, Canada)
What is the test for a motion to dismiss an application for summary judgment? (British Columbia, Canada)
What is the effect of a summary trial on a motion of summary judgment? (British Columbia, Canada)
What is the standard of review of a motion for summary judgment at the Court of Appeal? (British Columbia, Canada)
What is the test for a motion to dismiss a motion for personal injury? (British Columbia, Canada)
What is the test for a motion for summary judgment under Rule 9-6(4) of the BC Rules of Civil Procedure? (British Columbia, Canada)
What is the case law used to support a motion for summary judgment? (British Columbia, Canada)
What is the test for a motion of summary judgment? (British Columbia, Canada)
