Court File and Parties

COURT FILE NO.: CV-18-611101

DATE: 20210409

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: GARCIA Plaintiff

AND:

DEVONTAE HARRISON and ROBIN BOLDERSON Defendants

BEFORE: Mr. Justice Chalmers

COUNSEL: R. Levin, for the Plaintiff C. Ross, for the Defendant, Bolderson J. Black, for the Defendant, Harrison

HEARD: April 9, 2021, by teleconference

ENDORSEMENT

1. This action arises out of a motor vehicle accident which occurred on December 20, 2016. The Defendant, Bolderson takes the position that the Plaintiff’s vehicle rear-ended his vehicle and as a result, the Plaintiff cannot succeed as against him. He proposes to bring a summary judgment motion to dismiss the claim brought by the Plaintiff as well as the Crossclaim brought by the Co-Defendant, Harrison.

2. The matter came before Justice Kimmel at CPC on December 1, 2020. In her endorsement of the same date, she expressed some concern as to whether summary judgment was appropriate given the fact that the jury notices have been delivered by the parties, and the motion may not resolve all of the issues in the action. She scheduled the motion for April 20, 2021 for two hours. She directed counsel for the moving party to arrange a case conference to take place after the factums are delivered.

3. The case conference came before me today. I direct this matter to proceed to the motion for summary judgment scheduled for April 20, 2021.

DATE: April 9, 2021