The following excerpt is from The Owners, Strata Plan LMS 4443 v. Travelers Guarantee Company of Canada, 2013 BCSC 296 (CanLII):
In Coast Foundation v. Currie, 2003 BCSC 1781, the defendant architects applied for summary trial on the issue of whether a contractual limitation clause barred some of the plaintiff’s claims against them. At paras. 13 through 18, Mr. Justice Groberman, as he then was, discussed factors for the court to take into account when considering whether to give judgment by summary trial on a single issue. The court referred to the need for caution, particularly where the issue on a summary trial application is intertwined with other issues left for determination at trial. Although the primary purpose of Rule 9-7 is the efficient resolution of disputes, where the summary determination of an issue will not assist in the efficient resolution of the dispute, the court ought not to proceed by summary trial (at paras.15 and 16). Gauging the efficiency of the summary trial process involves both a consideration of the allocation of the court’s own resources and the efficiency of “piece-meal decision-making” which raises the possibility of appeals on individual issues that may impede rather than advance the orderly determination of the action (at paras. 17 and 18).
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