The Third Party, Frederick Page, brought a motion for summary judgment against the Defendant, Ronald Sharman, seeking dismissal of the Third Party Claim.
The claim arose from a motor vehicle collision where Sharman rear-ended the Plaintiff, Khow Chin Hew, and sought to apportion liability to Page, alleging Page's sudden stop was negligent.
The court applied the Hryniak v. Maudlin test for summary judgment, finding no genuine issue requiring a trial.
It was determined that Page's braking and left turn were not negligent, as the vehicles immediately behind him stopped safely, and Sharman was found to be following too closely given his vehicle and road conditions.
The motion for summary judgment was granted, and the Third Party Claim against Page was dismissed with costs.
