In the case at bar, there were no examination for discoveries and no cross-examination on the affidavits filed. In other words, it has been a “just, speedy and inexpensive determination” of the proceeding on its merits. The procedure has been expeditious being heard in two days rather than days or weeks of discovery and oral evidence at trial. It is the same procedure as used in RRDC #1 and Beckman v. Little Salmon/Carmacks First Nation, 2010 SCC 53.
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