Can a summary trial be held without a trial judge?
Alberta, Canada
The following excerpt is from Prymych v. Prymych, 2008 ABQB 461 (CanLII):
while the trial judge has a discretion to allow oral testimony at the summary trial, that is an issue for the trial judge. As held by Read J. in Duff v. Ohust, a judge hearing an application for directions as to a summary trial should not fetter the discretion of the trial judge.
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