What is the test for summary trial in a personal injury case?
British Columbia, Canada
The following excerpt is from Murray v. Langley (Township), 2010 BCSC 102 (CanLII):
In my view, based on the sheer volume of materials submitted, the parties are at the very limit of what could reasonably be dealt with by way of summary trial. In that regard, I note the comments of Mr. Justice Bouck in Chu v. Chen, 2002 BCSC 906, 22 C.P.C. (5th) 73. In some circumstances, the complexity of the issues is such that the court is unable to absorb all of the evidence and legal arguments in the compressed time available within the summary trial procedure.
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