Is conflicting evidence a bar to proceeding summarily?
British Columbia, Canada
The following excerpt is from Tripp v. Ur, 2013 BCSC 785 (CanLII):
The presence of conflicting evidence is not a bar to proceeding summarily. The question is not whether there are no conflicts in the evidence -- some conflicting evidence is virtually inevitable -- the question is whether the court is able to achieve a fair and just result proceeding summarily: MacMillan v. Kaiser Equipment Ltd., 2004 BCCA 270 at para. 22.
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