The moving party sought leave to appeal the dismissal of her motion for summary judgment.
The underlying action involved a motor vehicle accident where the moving party owned the vehicle driven by her uninsured daughter.
The moving party sought summary judgment on the basis that she did not consent to her daughter driving the vehicle.
The motions judge dismissed the summary judgment motion, refusing to admit discovery evidence and declining to apply the summary judgment framework.
The Divisional Court granted leave to appeal, finding good reason to doubt the motions judge's evidentiary rulings and concluding it was a matter of general importance to consider whether the motions judge's approach was consistent with the principles in Hryniak v. Mauldin.
