What is the test for a summary trial in a motor vehicle accident?

Among the cases relied upon by the City was Prevost v. Vetter, 2002 BCCA 202. In that case, the plaintiff was injured in a motor vehicle accident. The car was driven by an underage defendant who had consumed alcohol at the home of her aunt and uncle, the social-host defendants who applied for a summary trial on the issues of their duty of care and breach of the standard of care. The chambers judge found against them on both issues. The court of appeal concluded the summary trial should never have proceeded and allowed the appeal. The issues of duty of care and breach of the standard of care for the social hosts required findings of fact that were crucial to the issues of causation, and there was a risk the ultimate trial judge might arrive at contrary findings on overlapping but undecided issues that also included contributory negligence. At para. 26, Justice Smith wrote, “[w]here there is such an overlapping of issues, one issue ought not to be tried discretely on a summary trial”.