What is the legal test for summary trial?
Newfoundland and Labrador, Canada
The following excerpt is from Bishop-Tombleson Estate v. Hearn, 2019 NLSC 66 (CanLII):
In Dalley v. Northern Arm (Town), 2016 NLTD(G) 68, Justice Butler discussed the two-stage process that ought to be followed – first, to determine whether summary trial was appropriate, and if so, second, to decide the merits. She also determined that these stages could be heard on separate occasions.
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