2 total
Summary judgment granted for one driver but denied for truck driver due to identity dispute.
The defendants brought a motion for summary judgment to dismiss the plaintiff's personal injury claim arising from a motor vehicle accident.
The plaintiff alleged she was waved into traffic by a cement truck driver, causing her to collide with the defendant Dalessandro's vehicle.
The court granted summary judgment dismissing the claim against Dalessandro, finding no evidence he breached the standard of care.
However, the court dismissed the summary judgment motion regarding the cement truck driver and owner, finding that conflicting evidence regarding the driver's identity created a genuine issue requiring a trial by jury.
Appeal of contempt finding and costs order dismissed; appellants intentionally ignored court order and hid assets.
The appellants appealed an order finding them in contempt of a previous court order and sought leave to appeal a costs order of approximately $92,000.
The Court of Appeal upheld the motion judge's finding that the appellants knowingly and intentionally ignored the previous order and attempted to hide assets to frustrate the respondent's rights as a creditor.
The court also found no basis to interfere with the motion judge's exercise of discretion in awarding costs on a full indemnity basis.
The appeal was dismissed.
