Is a summary trial pursuant to Rule 9-7 a true trial of the action?
British Columbia, Canada
The following excerpt is from Player v. Janssen-Ortho Inc., 2014 BCSC 1122 (CanLII):
A summary trial pursuant to Rule 9-7 is a true trial of the action, in the sense that “judgment may be granted in favour of any party, regardless of which party has brought the application,” so long as the court concludes that it can find the necessary facts to decide the issues and is of the view that it would be just to decide the issues in that manner: Gichuru v. Pallai, 2013 BCCA 60 at para. 23. That statement is complicated somewhat by the extended evidentiary focus just discussed, however.
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