What is the test for granting judgment under Rule 18A of the Rules of Civil Procedure?
British Columbia, Canada
The following excerpt is from Wang v. HMTQ, 2006 BCSC 2001 (CanLII):
The goal of Rule 18A is to provide parties with an efficient and inexpensive means of resolving a legal claim. In deciding whether it would be unjust to grant judgment, the chambers judge is entitled to consider, among other things, the amount involved, the complexity of the matter, its urgency, any prejudice likely to arise by reason of delay, the cost of taking the case forward to a conventional trial in relation to the amount involved, the course of the proceedings and any other matters which arise for consideration. Those matters were all discussed in the Court of Appeal decision in Foreman v. Foster, 2001 BCCA 26.
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