Can a judge sitting at a case planning conference hear an application that requires affidavit evidence?
British Columbia, Canada
The following excerpt is from NMH Holdings Limited v. The Crestmark Developments Limited Partnership, 2011 BCSC 496 (CanLII):
I note, furthermore, that counsel's concern that a judge sitting in a case planning conference has a limited jurisdiction to hear applications that require affidavit evidence is well grounded. This very issue had been canvassed in Vernon v. British Columbia (Liquor Distribution Branch), 2010 BCSC 1688. There by Mr. Justice Goepel said:
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