What is the two part test for summary judgment?
Nova Scotia, Canada
The following excerpt is from Concrete Shoring Technologies Inc. v. SCFS Inc., 2009 NSSC 97 (CanLII):
The two part test for summary judgment was described in Fournier v. Green, [2005] N.S.J. No. 357, 2005 NSSC 253 as follows: The plaintiff, in order to succeed in a summary judgment application, first has the obligation to prove her claim and then the burden shifts to the defendant to satisfy that he has a bonafide defence or at least an arguable issue to be tried before the court. He must disclose the nature of the defence or issue to be tried with clarity through sufficient facts to indicate that it is a bonafide defence or issue to be tried.
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