Is Rule 18A of the Rules of Civil Procedure sufficient to avoid trial costs?
British Columbia, Canada
The following excerpt is from Whitehorn v. Wallden, 2002 BCSC 1732 (CanLII):
The conflicts must be resolved if the necessary facts are to be found. That requires choosing between conflicting information contained in documents. It is argued that such a resolution is acceptable because in choosing a summary trial procedure, the plaintiff accepts the risks of uncertainties. This notion is drawn from Elyk v. Doe, [1996] B.C.J. No. 535 (B.C.S.C.) at paragraph 10: I accept the argument of the defendant I.C.B.C., based as it is upon the plaintiff's choice of Rule 18A to avoid trial costs, that she must bear the risk of any uncertainty arising from that means of resolving this case. Any doubt on the issue of damages should be resolved in favour of the defendant.
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