The defendants, Bryan Watt and Bruce E. Smith Ltd., brought a motion for summary judgment to dismiss the plaintiffs' claims and all crossclaims against them arising from a three-vehicle collision on the QEW.
The moving parties relied on expert evidence suggesting the defendant driver's reaction time was reasonable.
The plaintiffs relied on competing expert evidence suggesting the accident was avoidable.
The court dismissed the motion, finding that the conflicting factual evidence and competing expert opinions regarding perception-response time and looming required a full trial to resolve.