What is the test in a summary judgment application?

The test in a summary judgment application has been described in many cases. In Dechant v. The Law Society of Alberta 2006 ABQB 908, para. 56, the court noted that the question to be determined is whether there is a triable issue. The onus remains at all times on the applicant, who must put forward a set of undisputed facts which lead to the legal conclusion that the respondent’s case will fail. As long as there are some legally relevant facts in dispute or a legal issue that requires a trial to determine, the application cannot succeed.