On a summary judgment motion by a commercial alcohol vendor added years after a motor vehicle accident, the court considered both a limitations defence and the substantive negligence claim.
Applying the post-amendment Rule 20 framework, the court held the discoverability issue under the Limitations Act, 2002 could not fairly be resolved summarily because the record left genuine issues requiring trial concerning diligence and when the vendor's alleged involvement ought to have been known.
However, the court concluded there was no genuine issue requiring trial on breach of the standard of care.
On the evidentiary record, the plaintiff could not prove that the vendor knowingly sold to a minor, sold to someone who appeared underage, or had apparent reason to doubt the authenticity of the identification presented.
