What is the evidentiary burden of proving that there is no genuine issue to be tried?
British Columbia, Canada
The following excerpt is from Bruner v MGX Minerals Inc., 2019 BCSC 11 (CanLII):
Where there are disputed facts in the pleadings, the party who seeks either summary judgment or dismissal bears the evidentiary burden of showing that there is no genuine issue to be tried, and that is proven through evidence: McLean v. Law Society of British Columbia, 2016 BCCA 368 at paras. 36-39. In considering evidence, however, the court must not weigh it but is limited to assessing whether it establishes a triable issue [on the material before the court in the context of the applicable law]. …
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