The appellant, Anjanette Passmore, appealed a Superior Court judgment granting summary judgment in favour of the City of Hamilton, dismissing her claim against the City.
The Court of Appeal found that the motion judge erred by failing to apply the established principles for partial summary judgment, which is appropriate only in rare circumstances.
The court noted that granting partial summary judgment in this case did not result in efficiencies, as the issue was raised late in the proceedings and required adjudication of the same issues and evidence as would be required at trial against the remaining defendants.
The appeal was allowed, and the matter remitted to the Superior Court of Justice for trial.
