Facts: Revolution Resource Recovery Park Inc. entered into a lease with Cheam First Nation for land use, aiming to establish a composting facility. Disputes arose regarding the lease's terms and alleged misrepresentations by Cheam First Nation.

Issue: At the heart of the conflict were claims for breach of contract, fraudulent misrepresentation, and conspiracy by Cheam First Nation, alongside counterclaims including equitable set-off.

Court’s Ruling: The court dismissed the Rule 9-6 application, concluding that CLLP (Cheam Leq'á:mel First Nation) failed to meet the evidentiary burden to show there was no genuine issue of material fact requiring a trial. The court also dismissed CLLP's alternative request for judgment by summary trial under Rule 9-7, deciding that the matter was not suitable for a summary trial and should be remitted to the trial list to be heard alongside the claim. Essentially, the court found that equitable set-off was a substantive defense to the counterclaim, recognizing that the issues raised were interconnected and could not be justly resolved in isolation through a summary trial.

Costs/Damages Awarded: The document provided does not specify the exact amount of costs or damages awarded, focusing instead on the legal arguments and basis for the court's decision regarding the dispute.