Is a weighing of evidence permitted in a Rule 9-6 application?
British Columbia, Canada
The following excerpt is from Gill v Gill, 2021 BCSC 143 (CanLII):
A weighing of evidence is not allowed in a Rule 9-6 application, beyond determining what is incontrovertible: Beach Estate v. Beach, 2019 BCCA 277 at para. 49 [Beach Estate].
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