The following excerpt is from Michael Wilson & Partners, Ltd. v. Desirée Resources Inc., 2016 BCSC 635 (CanLII):
Furthermore, I refer to Middelaer v. Delta (Corporation), 2013 BCCA 189, in which J.E. Prowse J.A. referred to the obligation on a plaintiff on a summary trial application it brings to lead evidence sufficient to prove its case or risk the dismissal of the action. Madam Justice Prowse went on to say that there is a broad discretion given to the court under Rule 9-7(15) to grant judgment in favour of any party unless “the court is of the opinion that it would be unjust to decide the issues on the application”. Madam Justice Prowse found that “[t]here is no absolute rule that a plaintiff who has failed to lead sufficient evidence to prove its case [on a summary trial application] … will have judgment granted … against [it] by virtue of that fact alone”. I exercise that discretion against the defendant’s application to try and dismiss the plaintiff’s action.
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