What factors will a court consider in deciding whether a matter is suitable for resolution on a summary trial?
British Columbia, Canada
The following excerpt is from Ding v Ding, 2021 BCSC 1055 (CanLII):
Factors to be considered by a court in determining whether a matter is suitable for resolution on a summary trial includes the amount involved, the complexity of the matter, its urgency, any prejudice likely to arise by reason of delay, the cost of taking the case forward to a conventional trial in relation to the amount involved, whether credibility is a critical factor in the determination of the dispute, whether the summary trial may create unnecessarily complexity in the resolution of the dispute, and whether the application would result in litigating in slices: Gichuru v. Pallai, 2013 BCCA 60, at para. 30—31.
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