Is there conflicting affidavit evidence on a Rule 18A motion?
British Columbia, Canada
The following excerpt is from Reddy v. Reddy, 1999 CanLII 5241 (BC SC):
On the other hand, in Toronto Dominion Bank v. Scandu Systems Ltd. et al (unreported), February 28, 1984, No. 8498, Kamloops (S.C.), the court held that where there is conflicting affidavit evidence on a Rule 18A motion, and the parties have not yet completed the discovery procedures to elicit the whole factual situation, it may be unjust to decide the issues until the completion of discoveries.
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