The defendants, Ontario, Quebec, and Canada, sought leave to appeal a motion judge's decision that dismissed their motions for summary judgment and allowed the plaintiffs to amend their statement of claim.
The underlying action involved a fatal collision following a high-speed chase by Akwesasne Police Service officers, with the plaintiffs alleging vicarious and direct liability against the government defendants.
The court granted leave to appeal, finding that the motion judge's decision conflicted with established appellate authorities on the tests for summary judgment, amending pleadings, and establishing a private law duty of care, and that there was good reason to doubt the correctness of the decision.
