Can a summary trial judge make a finding that a matter is not suitable for disposition by way of summary trial during the hearing of the summary trial?
British Columbia, Canada
The following excerpt is from Lougheed v Lougheed, 2019 BCSC 290 (CanLII):
The Court of Appeal has affirmed that this court may make a finding that a matter is not suitable for disposition by way of summary trial at any point during the hearing of the summary trial: Foreman v. Foster, 2001 BCCA 26 at para. 19. Judgment (15) On the hearing of a summary trial application, the court may (a) grant judgment in favour of any party, either on an issue or generally, unless (i) the court is unable, on the whole of the evidence before the court on the application, to find the facts necessary to decide the issues of fact or law, or (ii) the court is of the opinion that it would be unjust to decide the issues on the application, (b) impose terms respecting enforcement of the judgment, including a stay of execution, and (c) award costs.
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