What is the test for a genuine issue of fact or law?

A genuine issue of fact or law means something that is reasonably arguable. Merely because a litigant argues something does not mean that there is a genuine issue. As Côté J.A. said in Mocyk v. Municipal District of East Peace No. 131, Appeal No. 9503-0257-A.C., Oct. 10, 1995 (in a different context): It is true that in one decision I said that the test is what is arguable. It must be understood, of course, that that means reasonably arguable. In a sense almost any proposition (except maybe whether two plus two equals four) is arguable. But it cannot be a far-fetched argument, it cannot be an argument that is contrary to binding authority.