What is the test for summary judgment?
Manitoba, Canada
The following excerpt is from Loewen v. Loewen, 2004 MBQB 225 (CanLII):
Summary judgment is a remedy which requires the moving party to convince the court that the facts are such that, prima facie, the action will fail in law. If the court is so convinced, the burden shifts to the responding party to prove facts which establish, if not the validity of the claim, at least a genuine issue for trial: Blanco v. Canada Trust Co., 2003 MBCA 64, at para 19.
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