The appellant appealed a summary judgment order dismissing his claim for damages arising from a motor vehicle accident.
The motion judge had concluded that the accident was a straightforward rear-end collision and that the appellant, as the rear-ending party, failed to discharge his onus of proving the collision did not arise from his negligence.
The appellant challenged the motion judge's findings on three grounds: improper judicial notice of scientific and technical matters, misapprehension of evidence, and erroneous conclusion that there was no genuine issue requiring trial.
The Court of Appeal dismissed the appeal, finding no extricable error in principle or palpable and overriding error in the motion judge's assessment.
