The insurer brought a motion for summary judgment dismissing all claims and cross-claims against it arising from a multi-vehicle collision on Highway 401.
The issue was whether the accident was caused by an unidentified “mystery vehicle” as alleged by one defendant, potentially triggering unidentified motorist coverage, or whether that defendant had rear-ended the plaintiffs’ vehicle and initiated the collision chain.
The court reviewed the evidentiary record, including sworn examinations and affidavits from all primary witnesses, and concluded that the defendant’s account of a mystery vehicle was unsupported and contradicted by consistent evidence from other witnesses.
Applying the post‑2010 summary judgment framework and the “full appreciation” test, the court found that a trial was unnecessary and that the issue could be fairly resolved on the motion record.
Summary judgment was granted dismissing the claims against the insurer.
