I did not understand the parties to dispute the controlling case law to determine suitability as set out in Gichuru v. Pallai, 2013 BCCA 60. The central question is whether the court can determine facts necessary to reach a fair and just determination. The applicants also rely on Western Delta Lands Partnership v. 3557537, 2000 BCSC 54 where, at para. 24 Madam Justice Allan stated someone opposing a summary trial has a heavy onus to demonstrate one of four things: (a) the litigation is extensive and the summary trial hearing itself will take [a long] time; (b) the unsuitability... of the issues is relatively obvious; e.g., where credibility is a crucial issue; (c) it is clear that a summary trial involves a substantial risk of wasting time and effort and of producing unnecessary complexity; or (d) the issues are not determinative of the litigation and are inextricably interwoven with issues that must be determined at trial.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.