Is a plaintiff entitled to a summary judgment for breach of contract with damages to be assessed?
British Columbia, Canada
The following excerpt is from 0878754 B.C. Ltd. v. Nishin Kanko Investments Ltd., 2016 BCSC 2094 (CanLII):
I therefore propose to adopt a third option, which is to grant judgment to the plaintiff for breach of contract with damages to be assessed. I find some support for this approach in the case of Williams v. Alsterberg, 1992 CarswellBC 656, where Madam Justice Saunders, as she then was, heard a summary trial application under former Rule 18A on a claim brought by a landlord against a tenant for breach of a lease agreement. The tenant argued that the matter was not suitable for summary determination because of conflicts in the affidavit evidence.
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