The plaintiff cites the decision of Madam Justice Ker in Fraser v. Abma, 2012 BCSC 1429. A summary trial should consider the totality of evidence and if, as in the case before Ker J., there are fundamental conflicts in the evidence which could only be resolved by preferring one party’s evidence over another, the summary trial procedure should not be used. In that case, both parties brought summary judgment applications in respect of a commercial tenancy dispute. One party alleged a month to month tenancy; the other argued there was a five year oral lease agreement. In short, there was a “head on” conflict going directly to the foundation of the case. The case at bar is far different.
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