The first question – whether the court can find the facts necessary to decide the issues of fact or law – requires an assessment of the evidence and the law that determines what must be proved to establish or defeat a claim. The second question involves the exercise of judicial discretion, taking a variety of factors into account. The list includes: 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, the cost of the litigation, whether credibility is a critical factor in the determination of the dispute, whether the summary trial may create an unnecessary complexity in the resolution of the dispute, and whether the application would result in litigating in slices: Gichuru v. Pallai, 2013 BCCA 60 at paras. 28-31.
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