What are the issues to be determined on an application for summary determination under Rule 18A?

The issues to be determined on the application are: (a) Is this matter suitable for summary determination pursuant to Rule 18A; (b) Does the rule in Foss v. Harbottle apply to a real estate investment trust created pursuant to the laws of the state of Maryland; (c) If so, does the present claim offend the rule in Foss v. Harbottle; and (d) If so, does the present claim fall within the exceptions to the rule in Foss v. Harbottle. IS THIS MATTER SUITABLE FOR SUMMARY DETERMINATION?

CIBC previously raised the issue of Everest’s standing in an application brought pursuant to Rule 19(24) (a). However, in reasons reported at 2006 BCSC 270, 15 B.L.R. (4th) 51, I concluded that because Del Cano was formed pursuant to the laws of the state of Maryland, it was not possible to determine whether the rule in Foss v. Harbottle applied to it in the absence of evidence with respect to foreign law. The application was, on that basis, dismissed.