What is the test for summary trial?
British Columbia, Canada
The following excerpt is from McLellan v. Shirley, 2015 BCSC 1930 (CanLII):
As stated in Ahlwat v. Green, 2014 BCSC 1865, at para. 8, a number of factors determine the suitability of summary trial, including: a. the amount involved; b. the complexity of the matter; c. its urgency; d. any prejudice likely to arise by reasons of delay; e. the cost of taking the case forward to a conventional trial in relation to the amount involved; f. the course of the proceedings; g. the cost of the litigation and the time of the summary trial; h. whether credibility is a critical factor in the determination of the dispute; i. whether the summary trial may create an unnecessary complexity in the resolution of the dispute; and j. whether the application would result in litigating in slices.
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