In what circumstances will a court allow a chambers judge to proceed with a summary trial under Rule 18A of the Rules of Civil Procedure?
British Columbia, Canada
The following excerpt is from Korker Diversified Holdings Inc. v. Savingsplus Internet Inc., 2008 BCSC 136 (CanLII):
The courts have also stated that a case may be suitable for resolution under Rule 18A even where there are conflicts in the evidence. In MacMillan v. Kaiser Equipment Ltd., 2004 BCCA 270, 33 B.C.L.R. (4th) 44, the court stated at para. 22: …the mere fact that there is a conflict in the evidence does not in and of itself preclude a chambers judge from proceeding under Rule 18A. A summary trial almost invariably involves the resolution of credibility issues for it is only in the rarest of cases that there will be a complete agreement on the evidence. The crucial question is whether the court is able to achieve a just and fair result by proceeding summarily.
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