Is a chambers judge obliged to remit a case to trial just because there are conflicting affidavits?
British Columbia, Canada
The following excerpt is from Gill v. Gill, 2009 BCSC 784 (CanLII):
Lastly, I do not agree, as suggested in Royal Bank v. Stonehocker, that a chambers judge is obliged to remit a case to the trial list just because there are conflicting affidavits. … a judge should not decide an issue of fact or law solely on the basis of conflicting affidavits even if he prefers one version to the other. It may be, however, notwithstanding sworn affidavit evidence to the contrary, that other admissible evidence will make it possible to find the facts necessary for judgment to be given.
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