![]() ![]() Based on this, the defence moved for summary judgment. There was no other evidence presented to the court aside from the witness testimony. Only then did the witness observe the plaintiff “approach from the east, not slow or stop at her stop sign, and hit the defendant’s vehicle as he was making his left turn.” More to the point, he saw the defendant also stopping and entering the intersection. He also testified that he stopped at the intersection. As far as he was concerned, it was the plaintiff who entered the intersection improperly and collided with him.Īs it turned out, there was purportedly a third driver present who was traveling in the westbound direction. According to him, he had lawfully stopped at the intersection and, seeing no cars from the eastbound direction, proceeded with the right-of-way. The defendant acknowledges colliding with the plaintiff in the intersection. According to the plaintiff, she came to a proper stop at the intersection, but as she proceeded into the intersection, the defendant, in the midst of making a left-hand turn, collided with her. In this case, the accident occurred at a three-way stop (or “ T intersection”) with the plaintiff traveling eastbound and the defendant traveling southbound. (A motion for summary judgment asks the judge to decide a case before trial, either because the law requires a certain outcome or because whatever evidence has been provided at that point conclusively establishes who should win.) ![]() Cassar : Judge Sends Conflicting Witness Accounts to Jury Trialįor example, an Ontario Superior Court justice recently denied a defence motion for summary judgment in a lawsuit arising from a two-car accident for which liability is disputed. Regardless of where you're located in Ontario – we may be able to help you. During this call you can ask any questions as it relates to your accident and/or claim and we'll discuss your options and possible outcomes. ![]() If you have any questions and would like to schedule a call with our legal team for a FREE no-obligation consultation, contact us now. ![]()
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