Background: Lockerbie & Hole Contracting Limited sued Universal Supply Co. Ltd. for supplying defective copper pipes that were installed in a new hospital in Abbotsford. Universal sought dismissal of the action through a summary trial, which was denied by the trial judge.

Chambers Judgment: The trial judge found that the facts necessary to decide the issues were not sufficiently clear for a summary judgment. The judge also allowed Lockerbie to withdraw and qualify its admissions regarding the amount of defective pipe supplied.

Legal Arguments/Issues: Universal argued that the judge erred by:

1. Allowing Lockerbie to amend its admissions without sufficient evidence that the admitted fact was untrue.
2. Applying the wrong test for the suitability of a summary trial.
3. Reversing the burden of proof, effectively requiring Universal to prove it did not supply the defective pipe.

Appeal Decision: The Court of Appeal dismissed the appeal, agreeing with the trial judge that the complexity and amount involved warranted a traditional trial.

Costs/Awards: The appeal decision upheld the trial judge's discretion and did not result in an award of costs or any other financial award in favor of either party. Universal was awarded costs for the summary trial application, which was to be determined at a later stage.