What is the effect of a summary trial on a motion of summary judgment?
British Columbia, Canada
The following excerpt is from Oviatt v Masi, 2018 BCSC 930 (CanLII):
The authorities are also clear that a summary trial, although heard on affidavits in chambers, remains a trial of the action for which the plaintiff (even if not the applicant) retains the onus of proof of establishing his or her claim(s) and the defendant (even if not the applicant) retains the burden of establishing any defence that is raised … [Internal references omitted.] See also: Hyrniak v. Mauldin, 2014 SCC 7.
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