Can Oshust be considered in a summary trial?

Alberta, Canada


The following excerpt is from Bonsma v. Tesco Corporation, 2011 ABQB 620 (CanLII):

Wachowich A.C.J. (as he then was) considered Oshust in Pecek v. Fedun, although on the facts of that case, Wachowich A.C.J. allowed the summary trial to proceed in the face of conflicting evidence.

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