What is the test for a motion for summary judgment under the Rules of Civil Procedure?

Nova Scotia, Canada


The following excerpt is from Selig v. Cook's Oil Company Ltd., 2005 NSCA 36 (CanLII):

As noted by the chambers judge, this court first examined the Rule after it had been amended to allow summary judgment applications by defendants in United Gulf Developments Limited v. Iskandar, where the following test was approved, at ¶9: ... The appropriate test to be applied on a motion for summary judgment is satisfied when the applicant has shown that there is no genuine issue of material fact requiring trial, and therefore summary judgment is a proper question for consideration by the court. [case references and citations omitted] Once the moving party has made this showing, the respondent must then " establish his claim as being one with a real chance of success".

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