The plaintiff appealed a partial summary judgment dismissing her action against the Town of Hanover.
The Court of Appeal allowed the appeal, finding the motion judge erred by making credibility determinations on conflicting evidence that should have been left for trial, as the issues were inextricably intertwined with those remaining for trial against other defendants, leading to a risk of inconsistent findings and substantive injustice.
The fresh evidence motion was dismissed, and costs were reserved to the trial judge.
