What is the test for dismissing a summary trial application?
British Columbia, Canada
The following excerpt is from Rochette v Bradburn, 2021 BCSC 1752 (CanLII):
Issues of mixed fact and law are most appropriately addressed under Rule 9-7: Foote v. Canada (Attorney General), 2012 BCSC 177 at para. 25. A claim may be dismissed pursuant to Rule 9-7(15) which provides: On a hearing of a summary trial application, the court may (a) grant judgment in favour of any party, either on an issue or generally, unless (i) the court is unable, on the whole of the evidence before the court on the application, to find the facts necessary to decide the issues of fact or law, or (ii) the court is of the opinion it would be unjust to decide the issues on the application. …
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