In a summary trial, in what circumstances will the court consider postponement issues in a full trial?
British Columbia, Canada
The following excerpt is from Kotscha v. Hospital of St. John of Jerusalem, 2011 BCSC 836 (CanLII):
I am mindful of the caution that must be exercised before deciding individual issues in a summary trial because of the general undesirability of "litigating in slices"; see Coast Foundation v. Currie Architect Inc., 2003 BCSC 1781, at paragraphs 13, 15, and 18. I have, exercising that caution, concluded nonetheless that this approach is beneficial in the present case, by removing from consideration at any further trial those limitation issues that are properly dealt with in a summary fashion. I am thus allowing a court at a full trial or further application to focus its attention on the issue that requires exploration in greater depth, that is, the question of postponement.
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