Is there any case law or case law relevant to this question?
British Columbia, Canada
The following excerpt is from Creyke v. Creyke, 2014 BCSC 1632 (CanLII):
As noted by Mr. Justice McEwan in Colosimo and Berge v. Geraci, 2004 BCSC 636, the court should not decide a matter summarily in cases where the facts cannot be clearly discerned from the filed materials. The following statement from that case as it is equally applicable to this matter:
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