The Plaintiffs sought indemnification from the Defendant insurers for costs associated with repairing the roof of a building. The Defendants brought an Application to dismiss the claim by way of Summary Trial pursuant to Part 7, Division 3 of the Rules.

The parties submitted Briefs, Affidavit evidence, and Read-Ins from Questioning. Manderscheid J. noted that there are no hard-and-fast rules for determining whether a matter is suitable for Summary Trial. The Plaintiffs did not object to the Defendants’ Application to have the matter disposed of by way of Summary Trial, and all the necessary evidence was before the Court. Accordingly, His Lordship stated that there was no reason why it would be unjust to dispose of the matter by way of Summary Trial. The Defendant’s Application to have the matter determined by Summary Trial was granted. Upon consideration of the evidence and the applicable law, Justice Manderscheid gave judgment in favor of the Plaintiffs.