What is the test for suitability in a summary trial application?
British Columbia, Canada
The following excerpt is from Andrews v. Hay, 2015 BCSC 1618 (CanLII):
The critical question with respect to suitability is always whether the court can find the facts necessary to fairly and justly adjudicate the matter. It is well-settled that where the court is able to find the necessary facts to decide the issues in a summary trial application and it “is not otherwise unjust to decide the matter summarily, the court should give judgment”: McVeigh v. Boeriu, 2011 BCSC 400 at para. 43.
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