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.