What is the test to determine whether a matter can be heard by way of summary trial?
Alberta, Canada
The following excerpt is from Certus Developments Inc. v. Strategic Equity Corp., 2006 ABQB 645 (CanLII):
“The test to determine whether a matter can be heard by way of summary trial is two fold and is simply this: first, can the court decide disputed questions of fact on affidavits or by any of the other proceedings authorized by R. 158.5(1), and, second, would it be unjust to decide the issues in such a way”: Bank of Montreal v. Lysyk (2003), 334 A.R. 308 at para. 4, 2003 ABQB 186.
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