The plaintiffs initiated an action against the City of Toronto, Toronto Port Lands Company, and Toronto Terminal Railway Company following a bicycle accident on a path crossing railway tracks.
The City and Toronto Port Lands Company moved for summary judgment to dismiss the main action, while the Toronto Terminal Railway Company moved for summary judgment to dismiss the City's crossclaim for contribution and indemnity.
The court found that conflicting expert opinions on causation and standard of care presented genuine issues requiring a trial.
Furthermore, the court determined that granting partial summary judgment on the crossclaim would risk inconsistent findings and injustice due to the intertwined nature of the issues.
Both motions for summary judgment were dismissed, and the matter was directed to proceed to trial.
