What is the legal test to determine suitability for a summary trial?

British Columbia, Canada


The following excerpt is from WM Enterprises Inc. v. Consumers Choice Mortgages Inc., 2017 BCSC 367 (CanLII):

I did not understand the parties to dispute the controlling case law to determine suitability as set out in Gichuru v. Pallai, 2013 BCCA 60. The central question is whether the court can determine facts necessary to reach a fair and just determination. The applicants also rely on Western Delta Lands Partnership v. 3557537, 2000 BCSC 54 where, at para. 24 Madam Justice Allan stated someone opposing a summary trial has a heavy onus to demonstrate one of four things: (a) the litigation is extensive and the summary trial hearing itself will take [a long] time; (b) the unsuitability... of the issues is relatively obvious; e.g., where credibility is a crucial issue; (c) it is clear that a summary trial involves a substantial risk of wasting time and effort and of producing unnecessary complexity; or (d) the issues are not determinative of the litigation and are inextricably interwoven with issues that must be determined at trial.

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