On what basis can a summary motion on evidence be defeated?
Nova Scotia, Canada
The following excerpt is from Sapra v. Cato, 2020 NSSC 30 (CanLII):
Furthermore, the remaining plaintiff submits that there is at least one question of fact that exists: whether the defendant was motivated by malice. The caselaw establishes that qualified privilege can be defeated where the plaintiff can show that the purpose of the communications is actual malice on the part of the defendant (Kanak v. Riggin, 2017 ONSC 2837). The existence of a live question of fact automatically defeats a summary motion on evidence.
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