Can a chambers judge proceed under Rule 18A of the Rules of Civil Procedure in a summary trial where there is a conflict in the evidence?
British Columbia, Canada
The following excerpt is from Barlett v. Harrison Estate, 2008 BCSC 652 (CanLII):
It is well-established that the mere fact that credibility is in issue will not preclude the court from giving judgment under Rule 18A. For example, in MacMillan v. Kaiser Equipment Ltd., 2004 BCCA 270, 33 B.C.L.R. (4th) 44 at para. 22, Oppal J.A., for the court, stated: [T]he 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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