What is the legal test for determining a triable issue under R. 22-1(7)(d), as under the summary judgment rule?
British Columbia, Canada
The following excerpt is from Forjay Management Ltd. v 0981478 B.C. Ltd., 2018 BCSC 1494 (CanLII):
I accept that the threshold under R. 22-1(7)(d), as under the summary judgment rule, is not a high one in terms of discerning a bona fide triable issue. I am not to weigh the evidence. However, I am required to consider whether the conflicting positions have a sufficient evidentiary basis upon which to determine that such a bona fide issue exists: McLean v. Law Society of British Columbia, 2016 BCCA 368 at para. 35, leave to appeal ref’d [2016] S.C.C.A. No. 490.
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