Elie Goldberg

The defendants brought a motion for summary judgment to dismiss the plaintiff's personal injury claim arising from a motor vehicle-pedestrian collision.

The defendants argued the driver had no opportunity to avoid the collision, relying on evidence of the plaintiff's erratic behaviour and sudden entry onto the roadway.

The court dismissed the motion, finding that a genuine issue for trial existed because the driver's failure to see the plaintiff until immediately before impact raised credibility issues regarding proper lookout.

The court declined to use its enhanced fact-finding powers, noting the matter was set for a jury trial where credibility assessments are best made.

The plaintiff brought a motion to exclude potential jurors or permit challenges for cause in a civil motor vehicle accident case, arguing that jurors who pay automobile insurance premiums have an inherent conflict of interest.

The court adjourned the motion, directing the plaintiff to serve the Attorney General and inviting The Advocates' Society to intervene as a friend of the court, recognizing the novel and broad implications of the issues raised regarding civil jury selection and impartiality.