Summary Trial at the Federal Court

Given that most trials in Canada are decided by judge alone, there are opportunities for change while maintaining the commitment to results that are just, speedy and inexpensive. In 1983 British Columbia adopted a rule to allow trials without (for the most part) live witnesses. Rule 18A was developed by the late Chief Justice Allan McEachern (then Chief Justice of the trial division). It was developed at a time when trial lists were lengthening and the numbers of trials being bumped because no judges were available was on the rise. The summary trial, as they are now generally referred to, was Chief Justice McEachern's solution.

When Rule 18A was first introduced it was met by considerable resistance from many members of the bench and bar. Presumably the concern was that speed and expense were holding sway over justice. Now, after more than 25 years of experience with summary trials, most lawyers and judges in B.C. would agree that it has been an excellent fix, that it is speedy and inexpensive (at least compared to full trials) and that justice has not been sacrificed in the process.

This paper written by David Wotherspoon, Keri Gammon and Stephanie Sangner, was presented at a joint meeting of lawyers and judges of the Federal Court in Montréal.