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
The following excerpt is from Samaroo v. Canada Revenue Agency, 2016 BCSC 1905 (CanLII):
Rule 9-6(4) states that “an answering party may … apply … for judgment dismissing all or a part of a claim in the claimant party’s originating pleading”. Rule 9-6(5)(a) provides that “the court, if satisfied that there is no genuine issue for trial with respect to a claim or defence, must pronounce judgment or dismiss the claim accordingly”. That is, if the plaintiffs are “bound to fail” then the court must make an order for summary judgment, in this instance in favour of the defendants. In other words, summary judgment provides a means to dispose of claims that cannot be supported by evidence. In doing so the court is not to weigh evidence: Atha v. Thompson, 2008 BCSC 1075.
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