In what circumstances will a court grant judgment under Rule 18A of the Rules of Civil Procedure?
British Columbia, Canada
The following excerpt is from Kim Le v. Haro Pacific Enterprises Co. Ltd. et al., 2005 BCSC 134 (CanLII):
In MacMillan v. Kaiser Equipment Ltd., 2004 BCCA 270, a case with many factual similarities to the present one, the court concluded that the chambers judge had not erred in giving judgment under Rule 18A despite the fact that there were conflicts in the affidavit evidence. The plaintiff alleged that he had an agreement with the defendants, collateral to the written agreement between the parties, which entitled him to receive shares as part of his compensation. The parties had filed affidavits which gave conflicting versions of events, but the chambers judge concluded that judgment could be given based on the extensive documentary evidence before her.
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