What discretion does a summary trial judge have with respect to Rule 18A of the Rules 18A?
British Columbia, Canada
The following excerpt is from Korker Diversified Holdings Inc. v. Savingsplus Internet Inc., 2008 BCSC 136 (CanLII):
Rule 18A gives a summary trial judge “discretion to render judgment in the action or on an issue, unless he or she considers that the facts necessary to do so cannot be found, or that it would be unjust to decide the issues on the application”: Foreman v. Foster, 2001 BCCA 26, 84 B.C.L.R. (3d) 184 at para. 11.
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