What is the correct approach on an application for damages under R. 18A?
British Columbia, Canada
The following excerpt is from GL&V Canada Inc. v. Deramore Construction Services Inc., 2015 BCSC 2534 (CanLII):
Our Court of Appeal recently summarized the correct approach on such an application as follows in Harrison v. British Columbia (Children and Family Development), 2010 BCCA 220 at para. 40: The trial judge was required to grant judgment if the evidence adduced on the R. 18A application provided the facts necessary to decide the issue of liability, and it would not have been unjust to do so. It is not a question of whether a full trial could conceivably “turn something up” or produce a different result.
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