Is there any case law where an unsuccessful applicant for Rule 18A application for a summary judgment or cost of costs?

British Columbia, Canada


The following excerpt is from Wolsak v. Landesign, 2001 BCSC 1703 (CanLII):

The decision in Falkoski v. Osoyoos (Town) (supra), however, illustrates the kind of circumstances that will justify an award of costs against an unsuccessful applicant. In that case, Newbury J. (as she then was) rejected a Rule 18A application brought by one of several defendants for dismissal of the plaintiff’s claim. She held that the matter was inappropriate for adjudication on a summary basis because the required factual determinations could not be made, and also because she disagreed with the defences raised as a matter of law by that defendant.

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