2 total
Partial indemnity costs of $8,500 awarded to successful responding party on summary judgment motion.
The plaintiff sought substantial indemnity costs following the dismissal of the defendant's motion for summary judgment.
The court found that the defendant's motion was reasonably brought and did not warrant substantial indemnity costs under Rule 20.06.
The court awarded partial indemnity costs, allowing the plaintiff's counsel's travel disbursements but reducing the fee element for travel time to one-third.
Costs were fixed at $8,500.
Summary judgment refused where conflicting evidence created genuine issue for trial.
The defendant driver moved for summary judgment dismissing a personal injury action arising from a pedestrian knock-down collision.
The moving party argued that liability could be determined on the written record without a mini‑trial.
The court held that material credibility conflicts between the plaintiff, the defendant, and an independent witness created genuine issues requiring oral testimony.
Given the conflicting evidence, the statutory burden on drivers in pedestrian collisions under the Highway Traffic Act, and the existence of a jury notice, the court concluded that summary judgment or a mini‑trial would not be proportionate.
The motion was dismissed and the action allowed to proceed to trial.
