Can a summary trial application for dismissal of a "leaky condo" claim be dismissed?
British Columbia, Canada
The following excerpt is from The Owners, Strata Plan LMS 4443 v. Travelers Guarantee Company of Canada, 2013 BCSC 296 (CanLII):
In Owners, Strata Plan VIS 3815 v. Polo Pacific, 2003 BCSC 1811, Mr. Justice Macaulay dismissed the summary trial application of one of several defendants for dismissal of a “leaky condo” claim. Even though there were no material conflicts in the affidavit evidence, the court concluded that it would unjust to summarily determine the issue without a conventional trial.
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