Does the use of a petition under the Rules of Civil Procedure apply to a motion for personal injury?
British Columbia, Canada
The following excerpt is from Peace Hills General Insurance Company v. Syryda Enterprises Ltd., 2014 BCSC 612 (CanLII):
This was also the result in the trial decision of Konsap v. Grattan, 2003 BCSC 1880, when the court found that the use of a petition was not within the categories of the relief permitted by the Rule, which was argued by the respondent successfully and he was awarded his costs.
However, in Chester v. Chester, 2006 BCSC 1211, the court found that the facts could not be resolved by petition and concluded that the pleadings should be issued followed by a summary trial. Costs of the petition would be in the cause.
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