What is the test for credibility in a summary trial?
British Columbia, Canada
The following excerpt is from Sampson v Holst, 2019 BCSC 561 (CanLII):
Further, it would be unjust to decide the issues on the application: Rule 9-7(15)(a)(ii). Concerning liability, the plaintiff claims she had no recollection whatsoever of the events that transpired and caused her injuries. Determining the liability of one party will depend in part on the evidence given by other parties. Credibility assessment is necessary to determine what happened in the midst of possibly conflicting narratives and significant gaps in information. Credibility issues do not automatically foreclose resolution by summary trial, but where credibility is essential to critical issues, such as to liability as is the case here, the case should proceed in an ordinary trial: Hewson v. British Columbia, 2016 BCSC 803 at para. 18, aff’d 2017 BCCA 143 at paras. 4-5.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a summary trial judge make a finding that a matter is not suitable for disposition by way of summary trial during the hearing of the summary trial? (British Columbia, Canada)
In what circumstances will a summary trial be held on an application for summary trial? (British Columbia, Canada)
When a single issue is proposed for summary trial by way of summary trial, does the court have any consideration in deciding the issue as a whole? (British Columbia, Canada)
What is the effect of a summary trial on a motion of summary judgment? (British Columbia, Canada)
In what circumstances will the court uphold a summary trial in cases where credibility is at stake? (British Columbia, Canada)
What is the cost of a summary trial for a motion of summary judgment? (British Columbia, Canada)
How have courts in BC considered credibility and the impact on medical evidence in assessing credibility and credibility? (British Columbia, Canada)
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)
If a trial judge's finding of credibility is to depend solely on which person he thinks made the better appearance of sincerity in the witness box, what is the test for credibility? (British Columbia, Canada)
What factors will the courts consider in deciding whether to grant summary trial rather than a conventional trial? (British Columbia, Canada)
