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ARTICLE · 16 AUGUST 2024

Put Your Best Foot Forward: Summary Judgment Granted In Favour Of Milton In Motorcycle Accident Case

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On July 29, 2024, the Superior Court of Justice released its decision in Fadler v Milton (Town), dismissing the plaintiffs' claims against the Corporation of the Town of Milton (Milton), on a motion for summary judgment brought by Milton.

CanadaLitigation, Mediation & Arbitration
Christine Kucey
Christine Kucey
Jonathan Thoburn
Jonathan Thoburn
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On July 29, 2024, the Superior Court of Justice released its decision in Fadler v Milton (Town), dismissing the plaintiffs' claims against the Corporation of the Town of Milton (Milton), on a motion for summary judgment brought by Milton.

In May 2020, George Fadler lost control of his motorcycle while exiting a Milton shopping plaza. He travelled across four lanes of traffic and a median, landing on the opposite side of the road. There was no dispute that his injuries were catastrophic. Mr. Fadler and his family alleged that his accident was caused by a pothole on the road outside the plaza and they brought a claim against Milton, the plaza owner, and an unknown repair company that they alleged repaired the road. Milton brought a motion for summary judgment, arguing that (a) the road was in a state of repair; and/or (b) Mr. Fadler's driving caused the accident.

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