Can a plaintiff make an application for a motion for carriage to avoid a summary trial?
British Columbia, Canada
The following excerpt is from Aura Ventures Corp. v Vancouver (City), 2021 BCSC 1568 (CanLII):
Aura claims an application for carriage will be necessary since other members of the proposed class may also file a claim once they have notice of the summary trial. The City claims a carriage motion is only necessary if there are overlapping and duplicative claims. It referred to Heyder v. Canada (Attorney General), 2018 FC 432 at para. 9, where a carriage motion was necessary to prevent the commencement of overlapping disputes that would threaten the settlement discussions already underway.
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