A third party brought a motion for summary judgment seeking dismissal of a third party claim arising from a multi-vehicle collision on the Gardiner Expressway.
The moving party relied primarily on an affidavit sworn by counsel that included excerpts from police reports and discovery transcripts, including the moving party’s own discovery evidence.
The court held that such evidence was largely inadmissible under the Rules of Civil Procedure and noted the absence of direct affidavit evidence from the moving party with personal knowledge of the events.
Given conflicting evidence about whether the third party caused the defendant to swerve and lose control, the court concluded that there was a genuine issue requiring a trial.
The motion for summary judgment was therefore dismissed and costs were awarded against the moving party.
