What is the suitability of Rule 18A when faced with conflicting affidavit evidence?
British Columbia, Canada
The following excerpt is from MacDonald v. MacDonald, 2001 BCSC 305 (CanLII):
In Braich v. Braich (1995), 1 C.P.C. (4th) 375 (B.C.S.C.), Kirkpatrick J. considered the suitability of Rule 18A when faced with similar issues. She referred to the conflicting parenting proposals as well as the “temptation” to reach a “superficial conclusion” that the parties were unlikely ever to communicate in a manner that would serve the best interests of the children. Kirkpatrick J. then concluded that it would be unjust and unsafe for her to do so solely on the basis of the conflicting affidavit evidence before her.
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