What is the test for summary judgment in a sexual assault case?

There was initially an issue as to the suitability of this matter for summary trial. The position of the defendants was there is a serious issue as to the plaintiff’s credibility. Counsel for the defendants informed the court while not abandoning or waiving their position related to the credibility issue, it is appropriate to proceed with the application for summary judgment. In this regard, counsel for the defendants referred to the following passage from the judgment of Macdonald J in Elyk v. Doe, 1996 B.C.J. 535, wherein he stated: “I accept the argument of the defendant I.C.B.C., based as it is upon the plaintiff’s choice of Rule 18A to avoid trial costs, that she must bear the risk of any uncertainty arising from that means of resolving this case. Any doubt on the issue of damages should be resolved in favour of the defendant.”