What is the test to succeed on an application for summary judgment?

To succeed on an application for summary judgment an applicant must demonstrate, by evidence, that there is no bona fide triable issue standing in the way of judgment: Ewachniuk v. Abraxis Holdings Inc., 2003 BCCA 611 at para. 3. The purpose of Rule 18 is to dispose of claims or defences that have no chance of success. On a Rule 18 application, both parties must bring their cases forward; they cannot simply rely on pleadings or speculation.

There are, however, circumstances in which an application for summary judgment pursuant to Rule 18 may be premature. Where, for example, a party has not had an opportunity to develop evidence through the discovery process on issues raised by the pleadings, it may not be appropriate to grant summary judgment: Phillips Paul v. Malak Holdings Ltd., 2002 BCSC 1191. ….