Can Oshust be considered in a summary trial?
Alberta, Canada
The following excerpt is from Bonsma v. Tesco Corporation, 2011 ABQB 620 (CanLII):
Wachowich A.C.J. (as he then was) considered Oshust in Pecek v. Fedun, although on the facts of that case, Wachowich A.C.J. allowed the summary trial to proceed in the face of conflicting evidence.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a summary trial be held without a trial judge? (Alberta, Canada)
Can evidence at trial be considered to be an included offence? (Alberta, Canada)
Can a summary trial procedure apply to soft tissue injuries? (Alberta, Canada)
What is the test for an application for summary trial? (Alberta, Canada)
Can a claim of delay be considered relevant in the context of a motion for summary judgment? (Alberta, Canada)
Is an application to determine the suitability of a summary trial admissible? (Alberta, Canada)
What is the test for summary judgment in a motion for summary dismissal? (Alberta, Canada)
What is the relevant case law on summary conviction and summary conviction? (Alberta, Canada)
How have courts considered the need for up to 26 expert witnesses at trial? (Alberta, Canada)
Is a motion for summary judgment a genuine issue requiring a trial? (Alberta, Canada)
