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ARTICLE · 23 JANUARY 2019

Summary Judgment Motions In MVA Cases - A Viable Option For Defendants

McCague Borlack LLP
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The action arose from a motor vehicle accident.

CanadaLitigation, Mediation & Arbitration
McCague Borlack LLP
McCague Borlack LLP
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In Pavlovic v. Vankar, 2019 ONSC 61, Justice Nightingale of the Ontario Superior Court of Justice granted a summary judgment motion in favour of the defendant Pavlovic, dismissing the plaintiff's action and the cross-claim of the co-defendants as against him despite conflicting evidence on a key liability issue.

Background

The action arose from a motor vehicle accident. The defendant Pavlovic was the driver of a motor vehicle with his spouse, who was the plaintiff in the action, as the front-seated passenger. A collision took place between his vehicle and one operated by the defendant Vankar. The plaintiff spouse sustained personal injuries as a result of the collision. These would essentially be the only agreed upon facts before the Motion Judge.

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