What is the test for determining liability at a summary trial?
British Columbia, Canada
The following excerpt is from Swiston v British Columbia (Transportation Investment Corporation), 2018 BCSC 640 (CanLII):
Further, where there are factual issues arising from the evidence that call into question the probability of the accounts offered by the parties, it is unjust to resolve the matter on a summary trial: Bajramovic v. Payne, 2013 BCSC 1569 [Bajramovic], at para. 28. In Bajramovic, the court concluded that it was unjust to determine liability summarily given the problematic nature of relying on discovery transcripts at paras. 30-31:
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