Summary Trials in Medical Malpractice Actions

Summary trials have been supported by Canadian courts as a way to achieve timely and affordable access to the justice system. Unfortunately, they have been used almost exclusively by the defence in medical malpractice cases. In this article, we will discuss summary trial applications in the context of a medical malpractice action, review a number of cases where summary trial applications have succeeded and where they have not, and examine the impact of a recent Supreme Court of Canada decision.