Is there cause for summary dismissal in a civil case?

The affidavit evidence is in conflict to some extent on the issue of whether the defendant had cause for summary dismissal. The parties differ in the way they characterize the conflict; the plaintiff argues that the conflicts are not central to the issue, and the defendant contends that they are critical. However, I have concluded that the issue of whether cause existed can be resolved whichever version of events is accepted and therefore the matter is suitable for summary trial: Harrison v. British Columbia (Children and Family Development), 2010 BCCA 220 at paras. 63 and 73. I

The defendant has the burden of proving on a balance of probabilities that the plaintiff’s conduct justified dismissal. Both parties referred me to McKinley v. BC Tel, 2001 SCC 38, and they agree that this case is the controlling authority. In McKinley at para. 49, the court lays down a two-part test in cases of dismissal for alleged dishonesty. The trial court must determine: (1) whether the defendant has proved the alleged conduct on a balance of probabilities, and, if so, (2) whether the nature and degree of dishonesty warrants dismissal.