What are the evidentiary requirements for a summary judgment?
British Columbia, Canada
The following excerpt is from Bulic v. I.C.B.C., 1998 CanLII 6553 (BC SC):
The plaintiffs must establish their case on a balance of probabilities. The evidentiary requirements for a summary judgment are no different than that for a trial, save and except that the case may be determined on the basis of affidavits. However, as noted in the case of Tangero v. Riley, supra, the plaintiffs are not required to meet the same test for injury as they would in a third party claim.
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