The moving defendants, Subramaniam Jeyakumar and Financialinx Corporation, sought summary judgment to dismiss the action and crossclaims against them, arguing no genuine issue for trial existed regarding their liability in a motor vehicle accident.
The plaintiffs opposed, citing conflicting evidence on liability and damages, and the co-defendant Jamie Marston's admission of only 1% liability.
The court also addressed whether leave was required to bring the motion under Rule 48.04.
The motion judge found that no consent was given to place the action on a trial list, thus no leave was required.
Alternatively, if leave was required, it was granted due to a substantial and unexpected change in circumstances (Marston's 1% liability admission).
Ultimately, the court dismissed the summary judgment motion, finding genuine issues requiring a trial, particularly regarding the allocation of liability between the co-defendants, and that summary judgment would not be a proportionate, expeditious, or less expensive means to achieve a just result.