In successfully defending a summary trial application on behalf of our client, the plaintiff, the Supreme Court of British Columbia clarified the law regarding the proper content of Notices of Application and Application Response. Previously the courts were unclear as to the nature and content of these application materials such that litigants often had sparse and deficient material making it difficult for the other parties and the courts to understand their position until they spoke in court. This would often lead to inefficiencies in court proceedings and potential unfairness to the opposing parties
In granting judgment in favour of EKB’s client the court determined that the Notice of Application filed by the applicant defendant was deficient and that the material filed by EKB represented the proper standard. In so doing the court stated:
“In contrast to the bare-bones notice of application filed on behalf of [the applicant defendant], the application response [filed for our plaintiff client] was comprehensive and, in the page limit allowed under the Rules, set out both a detailed summary of the facts and an analysis of the legal basis on which the plaintiff said the court should find the defendant liable. It represents the standard expected by the court.”
This decision sets the standard for application material to be used by parties in all Supreme Court applications.