What is the test for a plaintiff to prove that there is a triable factual or legal issue that will advance the litigation?
British Columbia, Canada
The following excerpt is from Service v. University of Victoria, 2019 BCCA 474 (CanLII):
The threshold for this requirement is low. The plaintiff need only show that there is a triable factual or legal issue that, once determined, will advance the litigation: Finkel at para. 22. Resolution of the common issues need not determine liability: Watson v. Bank of America Corporation, 2015 BCCA 362 at para. 152.
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