The application was brought by the District under Rule 9-7 as a summary trial. Declaratory and injunctive relief is available in a summary trial, provided that the preconditions for judgment under Rule 9-7(15) are met, namely, there is enough evidence to make a decision and it would not be unjust to decide the issue on summary trial. See: Edgington v. Mulek Estate, 2008 BCCA 505, where our Court of Appeal upheld a declaration issued in a summary trial.
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