What is the test for granting judgment on a summary trial application?
British Columbia, Canada
The following excerpt is from Pinsonneault v Courtney, 2019 BCSC 495 (CanLII):
Rule 9-7(15) of the Rules provides that the court may grant judgment on a summary trial application unless the court is unable to decide the issues based on the whole of the evidence, or if the court determines it would be unjust to decide the issues on the application. The governing principles were set out in Gichuru v. Pallai, 2013 BCCA 60 at paras. 30-31:
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