The plaintiff in a motor vehicle accident tort action sought to schedule a motion for partial summary judgment regarding contributory negligence and non-pecuniary general damages.
The trial was already fixed for a few months later.
The court refused to schedule the motion, finding that allowing some damages claims to proceed by summary judgment while others went to trial risked inconsistent findings and duplication of evidence.
Applying the principles of proportionality, timeliness, and affordability, the court concluded that scheduling the motion shortly before trial was not appropriate.
