What is the test for a decision by summary trial in a personal injury case?
British Columbia, Canada
The following excerpt is from D.N.L. v. C.N.S., 2011 BCSC 1535 (CanLII):
In Dahl v. Royal Bank, 2005 BCSC 1263, Gerow J. identified the following additional factors which the court has taken into account in determining whether a case is suitable for decision by summary trial at para. 12: • is the litigation extensive and will the summary trial take considerable time; • is credibility a crucial factor – and have the deponents of the conflicting affidavits been cross examined; • will the summary trial involve a substantial risk of wasting time and effort, and producing unnecessary complexity; and • does the application result in litigating in slices.
"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
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
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 a personal injury case, in what circumstances will the BCSC provide advice to the parties on organization and preparation of the personal injury trial? (British Columbia, Canada)
What is the test for a summary trial in a personal injury case? (British Columbia, Canada)
What is the quantum of damages for personal injury awarded in a personal injury case? (British Columbia, Canada)
What is the test for a summary trial under the Rules of Civil Procedure in a personal injury case? (British Columbia, Canada)
What is the range of damages for personal injury damages in a personal injury case? (British Columbia, Canada)
In a personal injury trial, is there any case law or case law relevant to assessing the credibility of witnesses? (British Columbia, Canada)
What is the test for summary trial in a personal injury case? (British Columbia, Canada)
What is the test for calculating damages for personal injury in a personal injury case? (British Columbia, Canada)
