What is the appropriate test for a motion for summary judgment?
Nova Scotia, Canada
The following excerpt is from Borden v. Nova Scotia (Attorney General), 2009 NSSC 132 (CanLII):
The Nova Scotia Court of Appeal in the decision of United Gulf Developments Limited v. Iskandar, 2004 NSCA 35 stated at para 9: The appropriate test to be applied on a motion for summary judgment is satisfied when the applicant has shown that there is no genuine issue of material fact requiring trial, and therefore summary judgment is a proper question for consideration by the court... Once the moving party has made this showing, the responding must then establish his claim as being one with a real chance of success.
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