What is the test for a motion of summary judgment?
British Columbia, Canada
The following excerpt is from Weldon v. Teck Metals Ltd., 2013 BCSC 345 (CanLII):
The defendants next applied for summary judgment pursuant to Rule 9-6. That rule permits the court to give judgment only where it is clear that there is no “genuine issue for trial” and I held that the present remaining defendants had failed to meet that test: Weldon v. Teck Metals Ltd., 2012 BCSC 1386.
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