What is the test for obtaining a judgment pursuant to Rule 11-3 of the Rules of Civil Procedure?
British Columbia, Canada
The following excerpt is from Ghavim v. Jamali, 2014 BCCA 21 (CanLII):
Judgment pursuant to the Rule is only available where the dispute can be determined on evidence tendered in the forms specifically enumerated in Rule 11-3(5): affidavits; answers to interrogatories; examination for discovery transcripts; admissions; and expert reports and cross-examination of deponents ordered pursuant to Rule 11-3(12): Gichuru v. Pallai, 2013 BCCA 60.
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