Can an application under Rule 15(5)(a)(iii) be exercised without an affidavit?
British Columbia, Canada
The following excerpt is from Gwininitxw v. British Columbia (Attorney General), 2013 BCSC 1972 (CanLII):
Conversely, in Traff v. Evancic, [1995] B.C.J. No. 1192, MacDonald J. was satisfied that the discretion under the former Rule 15(5)(a)(iii) could be exercised without affidavit evidence.
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