Dalhousie v. Aylward

Case Comment: Dalhousie v. Aylward

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Summary Judgment in Nova Scotia, Canada, requires the moving party to demonstrate that there is no genuine issue for trial. When the moving party has made that showing, the burden shifts to the responding party to demonstrate that the case has a real chance of success.

If the Chambers judge must infer facts from the agreed facts in order to dispose of the case, where the agreed facts can support competing contested inferences, the case is not one in which summary judgment can be granted, since the responding party will succeed in establishing a real chance of success on that basis.

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Published In: Civil Procedure Updates

Reference Info:n/a | Canada

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Franco Tarulli
Haynes Law

Franco P. Tarulli has been in the practice of law since 1997, with admission to the bars of Nova... View Profile »


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