What is the legal test for a summary trial?
British Columbia, Canada
The following excerpt is from Syukur v Yeh, 2018 BCSC 1826 (CanLII):
A summary trial is a mode of trial. The plaintiff bears the burden of proving her case and the defendants bear the burden of establishing any affirmative defences; Gichuru v. Pallai, 2013 BCCA 60 at paras. 30-31 [Gichuru]. In Gichuru, Madam Justice Smith summarized the approach taken by the court and relevant considerations:
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