Can a summary trial procedure apply to soft tissue injuries?

McMahon J. in Abbenbroek v. McCusker, 2002 ABQB 945, [2002] A.J. No. 1348, online: QL (AJ) was less optimistic in terms of applying the summary trial procedure to an action involving soft tissue injuries, stating at para. 9: There are no doubt personal injury cases suitable for a summary trial. While liability is not an issue and the injuries are mostly objectively assessable, such as broken bones, the trier of fact may be able to fairly determine the damage issues by affidavit evidence. Where, however, the injuries complained of are less objectively assessable, credibility issues usually arise. The most common of these cases are soft tissue injuries which give rise to claims of prolonged pain and disability and yet are largely self‑reported. Where medical practitioners have limited means to determine the validity of the complaint by examination, and are likely to hold conflicting views, it would be unsatisfactory to attempt to try those issues by affidavit evidence. This is particularly so where, as is now common, the injuries are said to have been caused by low impact collisions. Serious causation issues are then involved. Credibility of both the plaintiff and the medical witnesses becomes central to the decision. The triers of fact, whether judge or jury, will continue to struggle with those causation issues.