Can counsel acting on behalf of the respondent to an application for summary judgment take the second course described in Placer?
British Columbia, Canada
The following excerpt is from Wong v. Field, 2012 BCSC 1141 (CanLII):
In Brown v. Douglas, 2011 BCCA 521 (CanLII), 2011 B.C.C.A. 521, Madam Justice Newbury, writing for the court, stated at para. 30: The authorities are clear, however, that (as counsel for the plaintiffs acknowledged at the hearing of this appeal) counsel acting on behalf of the respondent to an application for summary judgment who takes the second course described in Placer "runs a risk". This is the risk that the court will not agree that the case is not appropriate for summary trial and may give judgment against his or her client.
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