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
The following excerpt is from 1096303 B.C. Ltd. v Park, 2021 BCSC 960 (CanLII):
Factors to consider in deciding whether it would be unjust to decide the issues include: the amount involved; the complexity of the matter; any urgency or prejudice from delay; the time and cost of the summary trial and a conventional trial; whether credibility is a significant issue; and whether the summary trial would introduce unnecessary complexity to the dispute or result in litigation in slices: Gichuru v. Pallai, 2013 BCCA 60 at paras. 28-31.
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