What is the test for completing an application in two days?

British Columbia, Canada


The following excerpt is from Cooper v. Jordan et al., 2004 BCSC 783 (CanLII):

Accordingly, I would be inclined to say that my own decision in Ram v. Pointner is now somewhat wide of the mark. When I spoke in that case of there having to be a reasonable prospect that the matter could be completed in two days, it seems to me that it should now be necessary to show quite clearly that the matter cannot reasonably be expected to be completed in two days, and that so long as there remains a rational possibility that it can be completed in two days, even if it is somewhat unlikely or even perhaps very unlikely, the matter should stay on the fast track until it becomes clear that it cannot be. Obviously, the further away from trial these applications are brought, the greater will be the uncertainty of the issues to be canvassed at trial and number of necessary witnesses, and so on, and consequently the harder will be the task of the applicant.

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