In what circumstances will a summary trial be held in a relocation case?

British Columbia, Canada


The following excerpt is from A.P. v J.C, 2018 BCSC 1381 (CanLII):

In my view, in most relocation cases a conventional trial in which the court has the benefit of hearing directly from the parties is preferable. A possible alternative might be a hybrid trial where the parties testify viva voce, and collateral witnesses provide evidence in affidavit form, subject to cross-examination. I agree with the comments to this effect of Skolrood J. in B.M.G. v. S.J.S., 2018 BCSC 967, at paras. 5-15. There, Skolrood J. references the Court of Appeal on this topic of summary trials in relocation cases in Hellberg v. Netherclift, 2017 BCCA 363, at para. 100.

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