What is the test for credibility issues on an application under the BCSC's triable issue of credibility rule?
British Columbia, Canada
The following excerpt is from Chow v Subway Franchise Restaurants of Canada Ltd., 2017 BCSC 1034 (CanLII):
As noted in the Northwest Organics, Limited Partnerships v. Maguire, 2015 BCSC 1918, there is a high and difficult threshold to be met on application under this rule such as the rule is not often used. The applicant must establish there is no triable issue of fact. Issues of credibility may not be fatal to an application as long as they do not affect the central issue in the case.
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