In what circumstances will a summary trial be held on an application for summary trial?
British Columbia, Canada
The following excerpt is from Takla Lake Band v. Trainer Bros. Equipment Service Ltd., 1998 CanLII 6732 (BC SC):
In the Jutt v. Doehring case, the court held that the case was unsuited for summary trial because the material filed on the application showed a ...."head on conflict" in the evidence which goes directly to the foundation of the appellants' action against the respondents. It was not possible to resolve the conflicts without credibility findings being made.
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