Michael White

The appellant appealed a partial summary judgment granted by the motion judge in a rear-end motor vehicle collision case that occurred on an icy road during freezing rain.

The appellant argued that the motion judge applied the wrong test and failed to address the alleged contributory negligence of the respondent, contending that the respondent should not have stopped on the highway.

The Court of Appeal dismissed the appeal, finding no palpable or overriding error and confirming that the motion judge correctly applied the summary judgment test.

The court upheld the finding that the respondent did not act negligently in stopping her vehicle given the road conditions and visibility issues.

Following a successful summary judgment motion on liability, the plaintiff sought costs for both the motion and the liability portion of the action.

The defendant opposed, arguing costs should be proportionate to future damages and seeking a credit for costs received from a third-party settlement.

The court rejected the defendant's arguments, finding no reason to defer costs and that the third-party settlement was irrelevant to the costs between the main parties.

The court fixed costs on a partial indemnity basis for the action's liability portion and a substantial indemnity basis for the motion, totaling $50,000 inclusive of disbursements and HST.

Former dental partners disputed the validity of a written partnership agreement and the accounting following dissolution of their practice.

The plaintiffs argued that an oral agreement replaced the written termination provisions and that the written profit‑sharing formula was incorrect.

The court held the detailed written 2004 partnership agreement was clear and binding and rejected the alleged oral termination agreement as an incomplete “contract to make a contract.” The court ordered an accounting under the written agreement and found the defendant had been underpaid partnership profits due to improper treatment of an associate’s expense.

The defendant was awarded $119,056 and the limitation period did not bar the claim because discoverability arose only after the accounting issue was uncovered.