What is the test for a motion to dismiss an application for summary judgment?
British Columbia, Canada
The following excerpt is from Nice v. Nice et al, 2006 BCSC 1162 (CanLII):
As set out in Busse v. Robinson Morelli Chertkow, [1999] B.C.J. No. 1101, 1999 BCCA 313, once the defendants have demonstrated that there has been inordinate and inexcusable delay, a rebuttable presumption of prejudice thereby arises. The onus then again falls to the plaintiff to establish on a balance of probabilities that the defendants have not suffered prejudice by virtue of the delay or that there are other circumstances that warrant the refusal of the application to dismiss.
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