The third party, York Regional Police Services Board (YRPS), brought a motion for summary judgment to dismiss the third party claim against it arising from a motor vehicle accident.
The defendant Heft opposed the motion.
Heft also raised a preliminary issue that the case management judge should not hear the summary judgment motion.
The court held that a case management judge who has not conducted a pre-trial or settlement conference is not precluded from hearing a summary judgment motion.
On the substantive issue, the court found that summary judgment was not appropriate due to an incomplete evidentiary record, conflicting expert evidence regarding the standard of care for 911 call-takers, and the risk of inconsistent findings in a complex multi-party action.
The motion was dismissed.
