2 total
Summary judgment refused where trial issues overlapped and novel duty of care arose.
Third parties brought a motion for summary judgment dismissing a defendant’s third party claim and crossclaims arising from injuries sustained during an assault after a community festival where alcohol was served.
The moving parties argued there was no evidence establishing their liability for allegedly serving alcohol to an intoxicated attendee who later committed the assault.
The court held that granting summary judgment would require determinations overlapping with issues scheduled for trial and could create inconsistent factual findings.
The matter also raised a potentially novel duty of care question regarding volunteers organizing events where alcohol is served.
The court concluded that summary judgment was not the most appropriate or just procedure.
Appeal and late motion dismissed with costs fixed at $2,500 per respondent.
The appellant brought a motion on the day of the appeal, which the Court of Appeal dismissed for being brought too late.
The Court found no error in the two orders granted by the motion judge and dismissed the appeal.
Costs were fixed at $2,500 to each respondent.
