Does a judge erred in making a decision to proceed by way of summary trial?
Canada (Federal), Canada
The following excerpt is from Kwan Lam v. Chanel S. de R.L., 2016 FCA 111 (CanLII):
I find no merit in the appellant’s submission that the trial judge erred in electing to proceed by way of summary trial. The decision to proceed by way of a summary trial is a discretionary one and, accordingly, entitled to deference on appeal, absent a legal error: Manitoba v. Canada, 2015 FCA 57 at paragraph 16, 470 N.R. 187; Turmel v. Canada, 2016 FCA 9 at paragraph 12, 262 A.C.W.S. (3d) 629.
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