In this case, the Plaintiff had undergone a jaw surgery in 2004, and alleged that the surgery was performed negligently and without her consent. She commenced a personal injury action in relation to this procedure in February 2020. The Defendants brought a Motion for Summary Judgment seeking to dismiss the proceeding on the basis that it was not issued within the time periods as prescribed by the Limitations Act.
Summary Judgment not granted where the inconsistencies of several witnesses and conflicting material evidence required an evaluation of credibility.
Plaintiff’s Claim Dismissed due to Insufficient Evidence on Summary Judgment Motion
This was a summary judgment motion in which the defendant sought to have the motor vehicle action dismissed for a missed limitation period.
The mother pregnant with the deceased’s child is entitled to claim pursuant to section 61 of the Family Law Act.
Summary judgment motions on the issue of liability are not appropriate where the credibility of witnesses are important, there is insufficient evidence on the record to evaluate credibility and a mini-trial is not appropriate in the circumstances of the case.
