What is the test for bringing an application for summary trial?
British Columbia, Canada
The following excerpt is from 2258756 Ontario Limited v Hartley, 2021 BCSC 3 (CanLII):
All parties to an action must come to a summary trial prepared to prove their claim, or defence, as judgment may be granted in favour of any party, regardless of which party has brought the application, unless the court is unable to find the facts necessary to decide the issues or it would be unjust to decide the issues in this manner: Gichuru v. Pallai, 2013 BCCA 60 at paras. 30-34.
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