367Defendant may apply for summary judgment

367 Defendant may apply for summary judgment

(1)  Within 10 days after appearing, a defendant to an action may apply to a judge for summary judgment.

(2)  A judge may do anything set out in subrule (3) if satisfied that –

(a) the action is frivolous or vexatious; or

(b) the defendant has a good defence on the merits; or

(c) the action should be disposed of summarily or without pleadings.

(3)  A judge may –

(a) order that judgment be entered for the defendant, with or without costs; or

(b) order that the plaintiff proceed to trial without pleadings; or

(c) if all parties consent, dispose of the action finally and without appeal in a summary manner.