A useful pre-trial tool: Notice to Admit

Summary Trial Documentary Evidence – Rule 9-7(5)(d) Notice to Admit Admission under Rule 7-7 (Notice to Admit) The purpose of a notice to admit is to obtain evidence in the form of admitted facts. Its primary purpose is to encourage the admission of undisputed facts, to shorten trials and thereby reduce expenses. The Notice to Admit is a pre-trial […]

Summary Trial Documentary Evidence Rule 9-7(5)(c) Examination for Discovery

Summary Trial Documentary Evidence – Examination for Discovery Be sure to review and familiarize yourself with the relevant Rule 7-2 – Examinations for Discovery. The purpose of this post relates to the use of evidence derived from an Examination for Discovery for the purpose of a Summary Trial application. The relevant rule that governs the type of evidence […]

Summary Trial Documentary Evidence: Rule 9-7 (5)(b) Interrogatories

Interrogatories The governing rule of Interrogatories is noted under Rule 7-3 Discovery by Interrogatories, which should be reviewed. Interrogatories are written questions, given to the other party to answer under oath. You can deliver a list of questions to the other party and they have to provide answers, in the form of an affidavit, within […]

Summary Trial Review Series – Affidavit Evidence Rule 9-7(5)(a)

Affidavit This is not a general article on Affidavits but rather it is specific to Affidavits filed pursuant to Rule 9-7 Summary Trial – to be clear. Let’s begin with an important quotation noted in Sermeno v. Trejo, 2000 BCSC 846: A summary trial must be conducted with the same regard to the rules of pleading […]

Rule 9-7 (5) Evidentiary Criteria / Summary Trial Review Series

Evidentiary Criteria Rule 9-7(5) The evidence relied on in a Summary Trial hearing is by written evidence. This is likely the most important aspect of a summary trial application – the evidence that is adduced for presentation at the hearing. This evidence is going to be carefully reviewed by the Court to determine the following (which […]

Summary Trial Review – Suitability Factors to Consider

Summary Trial Rule 9-7 – Suitability Factors to Consider The Summary Trial review continues on Case Law Corner. Once the court has found that there are sufficient facts necessary to decide on the issues, it must then be determined whether it would be “unjust” to grant judgment (Rule 9-7(15)). The court will consider a number […]

Summary Trial Review – BCSC Rule 9-7 (11) / Preliminary Suitability Hearing

There is alot to learn about Rule 9-7 (11). Let’s begin! Rule 9-7 (11) On an application heard before or at the same time as the hearing of a summary trial application, the court may (a) adjourn the summary trial application, or (b) dismiss the summary trial application on the ground that (i) the issues raised by […]

Summary Trial BCSC Rule 9-7 (2) & (15)

Rule 9-7 of the Supreme Court Civil Rules A review of Rule 9-7 (Civil rules) / or the parallel Rule 11-3 (Family rules) should be undertaken in its entirety, although this review series will only refer to key sections of Rule 9-7. One of the considerations that must be analyzed when proceeding with a Summary […]

Summary Trial Review – Hryniak v. Mauldin, 2014 SCC 7

The Importance of Proportionality The principle of proportionality and efficiency is often discussed and considered in summary trial applications. The principle of proportionality speaks to access to justice, which was further highlighted in the Supreme Court of Canada decision referenced as Hryniak v. Mauldin, 2014 SCC 7. The Hryniak decision was an appeal from a […]

Liability Trial – Credibility and Reliability of a Witness

This post will highlight the subject of credibility and reliability of a witness. Relevant Factors discussed in this Post: The credibility of the witness The accuracy and reliability in the witness’s recollection of the evidence Is there objective evidence to support the witness statements Collision Analysis, accident reconstruction, light sequencing evidence, weather reports Agreed Statement […]