What factors are considered in determining whether to proceed with an application for summary judgment?

British Columbia, Canada


The following excerpt is from Kazemi v 1004633 B.C. Ltd., 2021 BCSC 1638 (CanLII):

To this list has been added other factors including the cost of the litigation and the time of the summary trial, whether credibility is a critical factor in the determination of the dispute, whether the summary trial may create an unnecessary complexity in the resolution of the dispute, and whether the application would result in litigating in slices: Dahl v. Royal Bank, 2005 BCSC 1263(B.C. S.C.) at para. 12, upheld on appeal at 2006 BCCA 369(B.C. C.A.).

Other Questions


What factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
What are the factors used to determine the diligence factor in determining whether to grant an application in a personal injury case? (British Columbia, Canada)
What factors will be considered in deciding whether to bring an application for summary trial? (British Columbia, Canada)
What factors will the Court consider in deciding whether to grant an application for a summary trial? (British Columbia, Canada)
In determining whether to grant a Rule 18A trial on part of a trust application, what is the risk that the findings of the application may be carried over to the subsequent determination of other issues? (British Columbia, Canada)
What factors are considered to be a contributory factor in determining whether a plaintiff has been diagnosed with multiple sclerosis? (British Columbia, Canada)
What factors will be considered in determining whether to accept a complaint? (British Columbia, Canada)
What factors will be considered in determining whether s.15(1) of the Canadian Human Rights Code has been infringed? (British Columbia, Canada)
What factors will be considered in determining whether a plaintiff would have continued to work, or not? (British Columbia, Canada)
What factors to consider when determining whether a plaintiff has been rendered less capable overall from earning income from all types of employment? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.