With respect to the petition, I have reviewed the authorities cited by the respondents. It appears to me that Shuey v. Muller [1992] B.C.J. No. 2051 (BCCA), is very much on point. However, that case was heard and determined in a contested hearing before a judge in chambers and, in my view, that is the appropriate disposition of the application before me. The petition now set down for hearing should be adjourned and set on the contested list before a judge in chambers. At that time, both parties can make their submissions to the court on the substantive matters in dispute.
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