What is the test for a summary trial under the Rules of Civil Procedure in a personal injury case?
British Columbia, Canada
The following excerpt is from Phosy v. Island Pacific Transport Ltd., 1996 CanLII 1595 (BC SC):
2 There was argument as to whether a summary trial under the Rule was appropriate in the circumstances. While there were some inconsistencies in the evidence, they were minor and, having in mind what was said by Harvey J. in Brayshaw v. Sommerfeld, [1996] B.C.J., 432 at para 9 of his judgment, I reached the conclusion that a just result could be achieved by a summary trial; and so the matter proceeded.
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