JUDGMENT
WOOD (MRS), CJ (DISSENTING)
Rarely do we find parties in litigation in agreement over issues of fact, let alone issues of law. The norm is for each side to dig their heels and refuse to move away from their respective entrenched positions. Not surprisingly, an open admission that an opponent is entitled to a relief sought is hardly heard of. For which reason, none of those useful procedures provided under the rules of court, for the expeditious but altogether just resolution of disputes, hardly work in our jurisdiction. Thus, applications for summary judgment or judgment on admissions, motions to have claims or defences struck out on grounds of non disclosure of a reasonable claim or a defence-procedures for achieving judicial economy-are usually met with stiff opposition. Indeed, getting parties who are before the superior courts to the Alternative Dispute Resolution (ADR) table may be likened to the biblical proverbial expression of having a camel pass through a needle’s eye.…