What is the test for disposition under Rule 18A of the Rules of Civil Procedure?
British Columbia, Canada
The following excerpt is from Tiessen v. ICBC, 2008 BCSC 1822 (CanLII):
Counsel for ICBC submits that unless it is clear that cross-examination cannot substantially affect the acknowledged or plainly uncontroverted facts, a disposition under Rule 18A is inappropriate. He relies on Colosimo v. Geraci, 2004 BCSC 636, for that submission. There, the court dismissed a Rule 18A application as unsuited for disposition under the rule because the matter was complex enough that a summary trial would probably not result in significant time and costs savings. In fact, the judge estimated that the Rule 18A application was, itself, likely to take three days.
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