What is the test for a successful applicant to obtain a dismissal of a personal injury action?
British Columbia, Canada
The following excerpt is from Swanson v. Hill, 2014 BCSC 2001 (CanLII):
Mr. Justice Romilly in Louie v. John Doe, 2008 BCSC 651, observed that the test is cumulative, and that an applicant must be successful in achieving an affirmative answer for all of the questions in order to obtain a dismissal of the action. He also observed that a rebuttable factual presumption in support of prejudice arises where an affirmative answer is established for the first two questions.
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