Mayers v. Khan — Summary Judgment Can Be Appropriate To Determine Liability Even When Key Facts Are In Dispute

In Mayers v. Khan, 2017 ONSC 200, the Superior Court of Justice concluded that a motion for summary judgment can be appropriate in motor vehicle accident claims involving liability disputes even when there are disagreements as to key facts, particularly when the costs of a trial on damages and liability would be significant.

The defendant moved for summary judgment seeking a dismissal of the plaintiff's claim on the basis that he was not liable for an accident that was caused when his truck collided with the plaintiff's left-turning vehicle.

The plaintiff was travelling eastbound on Lawrence Avenue in Scarborough. The defendant was travelling Westbound on Lawrence Avenue. The plaintiff's evidence was that she made a left turn onto Birchmount road on an "advance green" light and claimed that the defendant struck her vehicle as he drove through a red light. The defendant's evidence was that his traffic light was green and turned amber when he was in the middle of