What is the test for a summary trial in a personal injury case?

British Columbia, Canada


The following excerpt is from Sorenson v. Ridge et al, 1998 CanLII 15142 (BC SC):

I note that a summary trial, in accordance with Rule 18A, is appropriate when the criteria enumerated by Mr. Justice Harvey in Brayshaw v. Sommerfeld, [1996] B.C.J. No. 432 are satisfied. Those criteria are: 1. That the claim be a modest one and work loss minimal; 2. That there be no suggestion of malingering; 3. That there be nothing complicated about the case; 4. That there be an absence of any obvious or serious inconsistencies in the evidence or anything to suggest that the claim is bogus; and 5. That there be no serious issue as to the plaintiff's credibility.

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