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ARTICLE · 06 DECEMBER 2016

Featured Case: Aranas v. Kolodziej The Buck Stops Here: A Rare Summary Judgment Win For The Defence

McCague Borlack LLP
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In the recent decision of Aranas v. Kolodziej,1 Michael Kennedy of McCague Borlack was successful in securing a dismissal of the action as against its client on summary judgment.

CanadaLitigation, Mediation & Arbitration
Marla Kuperhause
Marla Kuperhause
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In the recent decision of Aranas v. Kolodziej,1 Michael Kennedy of McCague Borlack was successful in securing a dismissal of the action as against its client on summary judgment. Despite the challenges routinely presented by these motions in the motor vehicle accident context, the defendants led sufficient evidence to establish that there was no genuine issue requiring trial.

Background

This action arose as a result of a collision that occurred while both the plaintiff's and the defendant's vehicles were turning left. Both parties were driving westbound on Queens Avenue, which is a one-way street containing four lanes. The left-most lane is for left turns, the middle two lanes are through lanes, whereas the right-most lane is for right turns or parked vehicles.

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