Is it unjust to decide the issues on a summary trial?
British Columbia, Canada
The following excerpt is from Huang v Meng, 2020 BCSC 2097 (CanLII):
The second question – whether it would be unjust to decide the issues on a summary trial – involves the exercise of judicial discretion, taking a variety of factors into account. The list includes the amount involved, the complexity of the matter, its urgency, any prejudice likely to arise by reason of delay, the cost of taking the case forward to a conventional trial in relation to the amount involved, the course of the proceedings, the cost of the litigation, whether credibility is a critical factor in the determination of the dispute, whether the summary trial may create an unnecessary complexity in the resolution of the dispute, and whether the application would result in litigating in slices; Gichuru v. Pallai, 2013 BCCA 60, at paras. 28-31.
"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.
Other Questions
When a single issue is proposed for summary trial by way of summary trial, does the court have any consideration in deciding the issue as a whole? (British Columbia, Canada)
What factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
Can a summary trial judge make a finding that a matter is not suitable for disposition by way of summary trial during the hearing of the summary trial? (British Columbia, Canada)
In what circumstances will a summary trial be held on an application for summary trial? (British Columbia, Canada)
In a summary trial, in what circumstances will the court consider postponement issues in a full trial? (British Columbia, Canada)
What factors will the courts consider in deciding whether to grant summary trial rather than a conventional trial? (British Columbia, Canada)
In what circumstances will a summary trial judge be able to resolve issues where there are conflicting evidence? (British Columbia, Canada)
What factors will be considered in deciding whether to bring an application for summary trial? (British Columbia, Canada)
What is the scope of appellate review of a finding that a judge err in proceeding to determine the substantive issue by way of summary trial? (British Columbia, Canada)
What factors will a court consider in deciding whether a matter is suitable for resolution on a summary trial? (British Columbia, Canada)
