A party may apply to the court for judgment under this rule, either on an issue or generally, in any of the following instances:

• an action in which a response to civil claim has been filed;
• a third party proceeding in which a response to third party notice has been filed;
• an action by way of counterclaim in which a response to counterclaim has been filed. The application must be heard at least 42 days before the scheduled trial date.

All evidence in support of such applications is admitted through affidavits. That being said, the applicant is entitled to seek an order requiring the deponent of an affidavit to attend for cross-examination.

On the hearing of a summary trial application, the court may grant judgment in favour of any party, either on an issue or generally, unless the court is unable, on the whole of the evidence before the court on the application, to find the facts necessary to decide the issues of fact or law, or the court is of the opinion that it would be unjust to decide the issues on the application.

On the hearing of a summary trial application the court may also impose terms respecting enforcement of the judgment, including a stay of execution, and award costs.