Can an applicant and respondent at a summary trial rely on expert reports, examinations for discovery, interrogatories, use of admissions, and expert reports?
British Columbia, Canada
The following excerpt is from Canadian Western Bank Leasing Inc. v. SSC Ventures (No. 98) Ltd., 2016 BCSC 223 (CanLII):
Summary trial applicants and respondents may avail themselves to examinations for discovery (Rule 7-2), interrogatories (Rule 7-3), use of admissions (Rule 7-7), and expert reports pursuant to Rule 9-7(5). Of course, if they wish to tender any of this evidence at the summary trial, they must give proper notice to the other side pursuant to Rule 9-7 (10). In the case of expert reports, reasonable notice must be given to the other side: Cai v. Insurance Corporation of British Columbia, 2013 BCSC 2213 at para. 13.
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