Is there a defence that has not been shown or not?

In any event, whether a defence has been shown or not, the judge retains discretion under Rule 18(2) to grant or withhold summary judgment. In this case, that discretion is supplemented by the discretion described in Canada v. Solosky, supra, to grant or withhold declaratory relief. In my view, the primary basis for the dismissal of the application for summary judgment was the judge’s exercise of this discretion. This brings me to the appellant’s alternative ground that the judge did not exercise his discretion judicially.