What is the legal test for summary judgment or dismissal?

The test for summary judgment or dismissal states that the application should be granted where no genuine issue for trial exists. This occurs when the judge is able to make a fair and just determination of the merits on the existing record without a trial, because the summary judgment process allows him or her to make the necessary findings of fact, to apply the law to those facts and is a proportionate, more expeditious and just means to achieve a just result. In such a case, summary judgment may be granted: Maxwell v. Wal-Mart Canada Corp., 2014 ABCA 383, para. 12.