Can a chambers judge proceed under Rule 18A of the Rules of Civil Procedure in a summary trial where there are conflicting evidence?
British Columbia, Canada
The following excerpt is from Dunphy v Boulard, 2021 BCSC 2506 (CanLII):
Some of the conflicting evidence raises issues of credibility. A summary trial is limited in this regard. However, as our Court of Appeal found in MacMillan v. Kaiser Equipment Ltd., 2004 BCCA 270 at para. 22: It should be noted that 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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