Are you curious about what a summary trial is? This article will provide information about how to get a summary judgment in Ontario or British Columbia.

Civil lawsuits are complicated, so it’s best to speak to one of our affordable business lawyers before filing any paperwork.

A summary trial replaces a trial. During a trial, lawyers make their arguments using words and other tools. A summary trial is based on things like affidavits and expert reports. It’s done via written arguments.

You can use them if the other side has no realistic claim or defence. If you can prove to the judge that their position is nonsense and does not require a trial, you might be able to speed things up.

Summary tries and judgments will bring a claim to a close. It is not a motion, it replaces a full trial. The point of a summary trial is to make getting a claim resolved quicker and much less expensive.

Make sure to see our litigation page. It goes into great detail on how lawsuits work.

Evidence Will Be Presented In Written Format

The summary trial doesn’t have to resolve all the problems. Sometimes the summary judgment will only deal with some of the problems. Even if the matter still needs to go to trial, it will be a shorter and more simple trial.

You can also file an application for a summary trial to deal with a counterclaim. During the summary trial, the judge will look to see if the matter should have gone to trial.

If the plaintiff is wanting the judgment, the judge will look to see if it was likely that they would have won. It must be very obvious to the judge that the plaintiff or defendant would have won had the matter gone to trial.

Understanding the Summary Trial Process in Canada

For this reason, many people wait until after discovery has been done before filing for the summary trial. If the other side has not provided evidence that supports their case, you can suggest that they would have lost during the trial.

Normally the judge who heard your application for a summary trial will be the same judge that hears your trial. This only happens if the matter goes to trial.

The main point of this is so that a new judge doesn’t have to get up to speed on the parties and the facts. However, the judge during your summary trial will not always be the trial judge.

Motion For Summary Judgement Ontario

We have lawyers that can help with motions for summary judgment in both Ontario and BC. The rules are different in each province. Therefore, make sure you get legal advice from a lawyer in your province.

Before the matter moves to a summary trial, the judge will have to decide if this issue should be dealt with by a summary trial.

Therefore, before a date for the summary trial is set, the judge will decide if it should be heard at all. Some of the factors that the judge will think about will be how much the claim is for and how complex the facts are.

The judge will also look at how much money each party has and if they could afford a full trial.

Canada’s Legal Landscape: An Insight into Summary Trials

The next step is for the summary trial to happen. The judge will review all the information submitted to them and make a decision. The judge can then order the winning party to have their legal costs paid by the other side.

Courts will look at an expert report and the written evidence submitted by both parties. Further, the judge will look at the discovery process and any evidence that took place there.

Again, this is very complicated so you should have a business lawyer help you. The judge will also look at the interrogatories or the notice to admit.

Suitable For Summary Trial

You cannot avoid the discovery process. If one party sees that you are not taking the discovery process seriously, they might fill for the “fast trial.” You cannot push for a full trial to cause delays in the justice process.

You should think about getting an expert report before filing the motion. The expert report will help (assuming the expert agrees with your facts.)

You will have to submit an application record when sending off your application.

A business lawyer in Toronto, says that BC has a summary trial and summary judgment procedures. Ontario only has summary judgment. They are very different things.

What happens after summary judgment in civil cases?

One party might file an appeal. If they do not, the claim is over. The winning side can then pursue payment against the other. Sometimes getting paid can be hard, and you will have to hire a private investigator.

You should speak to an affordable business lawyer to find out if your situation is suitable for a summary trial. The Supreme Court and Court of Appeal are very formal places. You cannot afford to make mistakes there.

There are very strict court rules. The Provincial Court deals with small claims, and it’s less formal. If you do not file your application correctly, the judge might decide it would be unjust to decide the matter without a trial.

What Is A Summary Trial?

The summary trial will be dealt with by affidavit evidence. In a trial, the evidence will be presented by spoken evidence and witnesses. Also, during a trial, the witnesses will have to deal with cross-examining.

Also, in a regular trial, a jury can decide the issues.

Reach out to us today to talk about the summary trial procedures.

A summary trial, in the context of Canadian law, embodies efficiency and expediency. It forms an integral part of the criminal justice system in the country, with its inherent advantages of speed and simplicity, especially compared to an indictable offence trial.

Breaking Down Summary Trials in Canada

Statistics indicate a substantial number of cases in Canada use this format. According to data from 2020, approximately 54% of the adult criminal court caseloads in Canada involved summary conviction offences. This figure underscores the pivotal role summary trials play in the administration of justice.

Summary offences, characteristically less severe, attract penalties that tend to be lighter. Typical penalties include fines of up to $5,000, imprisonment for a term not exceeding six months, or both.

On the other hand, indictable offences encompass more serious crimes and may invite heavier penalties.

In a summary trial, procedures move rapidly due to the absence of a jury. The presiding judge listens to the evidence, evaluates it, and delivers a verdict. Bypassing a jury trial, consequently, eliminates the need for jury selection, which often consumes considerable time and resources.

Speeding up proceedings

Besides, the right to a preliminary hearing, a procedural safeguard in the legal system, is forfeited in a summary trial. As per a 2018 report, these hearings accounted for nearly 3% of all court events, implying their significance in Canadian law.

Their omission, while speeding up proceedings in a summary trial, does warrant careful consideration of the trade-offs involved.

In terms of appeal, accused persons maintain their right to appeal their sentence or conviction. Statistically, about 10% of the convictions resulted in an appeal in 2020, emphasizing the importance of this legal recourse.

However, summary trials aren’t entirely devoid of drawbacks. The time limitation for initiating proceedings, typically six months from the date of the alleged offence, sometimes can be restrictive.

The Concept of Summary Trials in Canada

Records show that approximately 4% of summary conviction offences reported in 2020 were deemed outdated due to the time limitation, showcasing a potential pitfall of this trial type.

Summary trials also might offer less procedural protection to the accused. While the Charter of Rights and Freedoms safeguards fundamental rights in all trial types, the absence of a jury and preliminary hearing in summary trials reduces the number of checks and balances.

Streamline the process

The balance between expediency and thoroughness is delicate. Summary trials, in their essence, streamline the process, contributing to a quicker resolution. However, they must continually ensure justice is served without compromising the rights of the accused.

Despite these considerations, summary trials serve as an essential cog in the wheel of the Canadian justice system. Their role in managing court caseloads, hastening the process, and ensuring justice for less severe offences remains pivotal.

As Canada continues to refine its judicial process, the role and scope of summary trials may evolve further, making it an area to watch.

Author: Alistair Vigier is the CEO of Clearway Law