SOURCE: Kushner Law

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July 27, 2016 11:00 ET

Vancouver Lawyers Explain Benefit of Summary Trials

VANCOUVER, BC--(Marketwired - July 27, 2016) - Vancouver lawyers explain how summary trials can be used to lead to more expedient solutions

As a team of Vancouver lawyers, the professionals working at Kushner Law understand that litigation sometimes moves at a pace that feels glacial, particularly when it comes to securing trail dates to resolve estate disputes. One option provided for in the Supreme Court Civil Rules is called a Summary Trial, which is typically only presented by affidavits and can lead to a more expedient resolution. For more information, go to: http://kushnerlaw.ca/summary-trials-bc-wills-variation-cases/

However, not every case qualifies for a summary trial. In the case of Ciarniello v. James, 2015 BCSC 2148 a female spouse sought a variation of her late husband's will.

Although the parties wished to proceed by way of summary trial, the Court determined that there were insufficient facts to make the findings required. The Honourable Mr. Justice J. Sigurdson (Vancouver) made the following comments in setting out the test for whether a case should be determined by summary trial:

[14] An initial question is whether this case is suitable for summary trial.

[15] I must determine whether I am able to find the facts necessary to decide the issues in this case or whether it would be unjust to give judgment. Inspiration Management Ltd. v. McDermid St. Lawrence Ltd., 1989 CanLII 2728 (BC CA), [1989] B.C.J. No. 1003 (C.A.) is the leading decision on the appropriateness of summary trial. Chief Justice McEachern stated the relevant factors for consideration in deciding if it is unjust to give judgment on a summary trial:

[49] In deciding whether it will be unjust to give judgment the chambers judge is entitled to consider, inter alia, 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 and any other matters which arise for consideration on this important question.

From small claims to the Supreme Court, Kushner Law Group in Vancouver has extensive experience representing clients in wills variation and civil litigation cases. Ask them more for information on summary trails and if this might be a solution for you.

About the Company

The Kushner Law Group was founded on the principle that a small law firm should be able to offer the same level of legal advice as a big firm at an affordable cost. A unique combination of legal experience and creativity allows the professionals at Kushner to come up with creative and practical solutions for a variety of legal problems.

For additional information, please visit http://kushnerlaw.ca/ or call 604-629-0432.

Contact Information

  • Kushner Law Group
    Lars Kushner
    Phone 604-629-0432
    Fax 604-689-4451
    Company website: http://kushnerlaw.ca/
    1008 Beach Ave #105