Duhaime's Law Dictionary

Summary Trial Definition:

The trial of an action by way of affidavit evidence only or by use of truncated process.

Related Terms: Summary Judgment

The hearing and disposing of litigation by way of affidavit evidence only or by use of truncated or expedited judicial process.

In Calliou Estate v. Calliou Estate, Justice Moen of the Court of Queen's Bench of Alberta used these words:

"A summary trial is a trial, not an application for summary judgment. In the latter, the applicant must establish that there is no genuine issue to be tried. In a summary trial the matters to be considered are, among other things, the amount involved, the complexity of the matter, the cost of taking the case forward to a conventional trial, and whether there is a real possibility that the defendant can bolster its evidence by discovery or by evidence given at trial.

"In a summary trial the judge may look at conflicting evidence and may draw inferences from the evidence. As long as the Court can make a decision based on the evidence before it, judgment on a summary trial may be given irrespective of the amounts involved, the complexity of the issues, and the existence of conflicting evidence. The applicant must prove its case on a balance of probabilities:"

French: procès sommaire.


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