What is the test for summary trial in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Bajwa v. Habib, 2020 BCCA 230 (CanLII):
At the return date for the summary trial application, the appellants objected to the case proceeding by summary trial. The trial judge considered the suitability of this case for summary trial at paras. 92–104 of her October Judgment. She referred to the principles set out by D. Smith J.A. for this Court in Gichuru v. Pallai, 2013 BCCA 60 and concluded that she was able to find the facts necessary to decide the issues of fact and law raised on the applications, and that it would not be unjust to do so in a summary trial.
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