“A paved cow path is not what we had in mind."

As to the whys of our BC provincial court system, Judge versus Jury; money versus lack of money for the Courts, since 1983 these statistics to 2009 show that Justice has been seen to have been done (not in the BC Rail trial though). 

Of the proceedings commenced in the B.C. Supreme Court, approximately 1.4% are decided by full trial and approximately 1.2% are decided by summary trial. This has allowed British Columbia to not increase its number of trial judges in approximately 20 years. Rule 18A has proven to be an effective means of increasing access to justice, while reducing costs to litigants and to the judicial system.

But here we are in 2011, and once again there appears to be another instance of lack of funding for our Courts........

Google Search criteria:

  Coast Foundation and North Vancouver (District) v. Lunde (1998), 162 D.L.R. (4th) 402, 60 B.C.L.R. (3d) 201 (C.A.).

because it was, is, embedded in the decision back in 2010

Boss Power Corp.and Blizzard Uranium Corp.

Back in 1998...... and the Cow......

In North Vancouver (District) v. Lunde (1998), 162 D.L.R. (4th) 402 (B.C.C.A.) the court held that where an answer to an issue sought to be tried under Rule 18A will only resolve the whole proceeding if one answer is given, but not if a different answer is given, then the applicant should be required to demonstrate to the judge’s satisfaction that the administration of justice, as it affects the parties to the motion and the orderly use of the court’s time, will be enhanced by dealing with the issue as a separate issue. The judge must consider whether a summary trial is an effective use of court time and an efficient resolution of the proceeding.

The court held that in making that determination, expense is also a relevant factor. Page 16 of 24

but, but, but,    1.4 + 1.2 percent = 2.6%..... what about the  97.4%?