Can a summary judgment application be granted under Rule 18 of the Rules of Civil Procedure?

British Columbia, Canada


The following excerpt is from Veritas Geophysical (Nigeria) Limited v. Energulf Resources Inc., 2010 BCSC 1253 (CanLII):

There are, however, circumstances in which an application for summary judgment pursuant to Rule 18 may be premature. Where, for example, a party has not had an opportunity to develop evidence through the discovery process on issues raised by the pleadings, it may not be appropriate to grant summary judgment: Phillips Paul v. Malak Holdings Ltd., 2002 BCSC 1191. Partnership or Joint Venture

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