Niemela v. Malamas
(f)
Page 22
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[73]
As stated in Canada (Attorney General) v. Lameman, [2008] 1 S.C.R. 372 at
para. 10, it is essential to justice that claims disclosing real issues proceed to trial,
however:
The summary judgment rule serves an important purpose in the civil litigation
system. It prevents claims or defences that have no chance of success from
proceeding to trial. Trying unmeritorious claims imposes a heavy price in
terms of time and cost on the parties to the litigation and on the justice
system. It is essential to the proper operation of the justice system and
beneficial to the parties that claims that have no chance of success be
weeded out at an early stage.
[74]
The Court also noted at para. 11:
[T]he bar on a motion for summary judgment is high. The defendant who
seeks summary dismissal bears the evidentiary burden of showing that there
is “no genuine issue of material fact requiring trial” … If the defendant does
prove this, the plaintiff must either refute or counter the defendant’s evidence,
2015 BCSC 1024 (CanLII)
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