What is the test for an application for summary trial?

Alberta, Canada


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

In Duff v. Oshust, Read J. summarized the factors to be considered on an application for summary trial: 1. the amount involved; 2. the complexity of the matter; 3. its urgency; 4. any prejudice likely to arise by reason of delay; 5. the cost of taking the case forward to a conventional trial in relation to the amount involved; 6. the course of the proceedings; 7. whether all witnesses or only some were (will be) cross-examined in court; 8. whether there is a real possibility that the defendant can bolster its evidence by discovery of the plaintiff's documents and witnesses; and 9. whether the resolution will depend on findings of credibility. (at para. 24)

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