Can a judge be found to be wrong in determining liability based on proof of an illegal scheme to be suitable for summary disposition?
British Columbia, Canada
The following excerpt is from International Fiduciary Corp., S.A. v. Bryson, 2014 BCCA 433 (CanLII):
At a trial, each party must put forward the whole of its case; there are generally no second chances because of a failure to adduce the available evidence, and a summary trial is no different from a conventional trial in this regard: Gichuru v. Pallai, 2013 BCCA 60 at para. 32. There is no sound basis here on which it could be said the judge was clearly wrong in determining liability based on proof of the illegal scheme to be suitable for summary disposition. The receiver has had and has lost his opportunity to prove the illegal scheme pleaded in this action.
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