What is the test for determining if a witness will be able to give evidence that would substantially alter the facts?
British Columbia, Canada
The following excerpt is from Korker Diversified Holdings Inc. v. Savingsplus Internet Inc., 2008 BCSC 136 (CanLII):
If it is apparent that the testimony would substantially affect the acknowledged or plainly uncontroverted facts, then that matter is not suitable for disposition under Rule 18A: Colosimo and Berge v. Geraci, 2004 BCSC 636, 15 C.P.C. (6th) 126 at para. 16. Formation of an Agreement by Conduct
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