The third party brought a motion for summary judgment dismissing a claim for contribution and indemnity arising from a motor vehicle collision at an uncontrolled intersection.
The defendant alleged the third party was negligent for changing lanes and passing stopped vehicles before entering the intersection.
Applying the summary judgment framework from Hryniak v. Mauldin and Rule 20.04 of the Rules of Civil Procedure, the court found no genuine issue requiring a trial.
Even accepting the defendant’s version of events, the third party had the right of way and there was no evidentiary basis to conclude he acted negligently or breached the Highway Traffic Act.
The third party claim was therefore dismissed.
