Mr. Walters

The defendant, Roman Vasylyovy Karaman, brought a motion for summary judgment to dismiss the plaintiffs' action for damages arising from a car accident that resulted in the death of Denis Kavounov.

The central issue was who was driving the car.

Mr. Karaman, the only survivor, testified he was a passenger and Mr. Kavounov was driving.

The plaintiffs' expert evidence concluded it was not possible to determine who was driving.

The court found no contradictory evidence to Mr. Karaman's direct testimony and concluded there was no genuine issue requiring a trial.

The motion for summary judgment was granted, dismissing the action against Mr. Karaman.

The defendants appealed a trial judgment finding them liable for injuries sustained by a bus passenger when the driver braked suddenly to avoid a cyclist.

The trial judge awarded $22,500 in general damages for chronic back and hip strain, finding the injuries met the threshold under the Insurance Act.

On appeal, the defendants argued the trial judge erred in finding negligence, assessing the medical evidence, and failing to draw an adverse inference from the plaintiff not calling her initial treating physician.

The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's findings of fact and negligence.

The judgment was varied on consent only to correct a mathematical error in the statutory deductible.