3 total
Appeal dismissed; leave to issue late third party claim denied due to prejudice and lack of merit.
The minor respondent sued the appellant for damages resulting from a dog bite.
The appellant sought leave to issue a third party claim against the respondent's mother for negligent supervision, eleven months after the statement of defence was filed.
The motion judge dismissed the motion, finding prejudice to the respondent and a lack of merit in the proposed claim.
The Court of Appeal upheld the decision, clarifying that the test for assessing the merits of a proposed third party claim out of time is the test for an extension of time, not the strict pleadings test under Rule 21.
The appeal was dismissed.
Summary judgment granted dismissing personal injury action based on a signed liability waiver.
The plaintiff was seriously injured when his four-wheel drive vehicle tipped backward at a motorsports park.
He brought an action for damages, and the defendants moved for summary judgment based on a release of liability and waiver of claims document signed by the plaintiff upon entry.
The court found that the plaintiff had the opportunity to read the waiver, which clearly stated it was a release of liability, and that the waiver covered the location of the accident and the plaintiff's participation.
The court granted summary judgment and dismissed the action, finding no genuine issue requiring a trial.
Summary judgment motion dismissed as personal injury claim was not discoverable until medical reports confirmed threshold.
The defendant brought a motion for summary judgment to dismiss the plaintiff's personal injury claim arising from an ATV accident, arguing it was statute-barred under the two-year limitation period.
The plaintiff argued the claim was not discoverable until she received medical reports confirming her injuries met the threshold for permanent serious impairment.
The court agreed with the plaintiff, finding that a reasonable person in her circumstances would not have known the injuries were permanent until the medical reports were available, which occurred well within the limitation period.
The motion was dismissed.
