What is the test for a Summary Trial?
Newfoundland and Labrador, Canada
The following excerpt is from Andrews v. Canada (Attorney General), 2019 NLSC 42 (CanLII):
Both parties agreed that the Summary Trial procedure is appropriate to determine the question. I agree and will not consider further the factors set out in the decision in Dalley v. Northern Arm (Town), 2016 NLTD(G) 68. Without addressing these factors, I find that the threshold stage has been met, and it is appropriate for me to consider the merits of the issues in this proceeding on the basis of a Summary Trial pursuant to Rule 17A. The parties have also agreed that the question before me is on liability alone, and accordingly, they have not addressed the assessment of damages.
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