The Ministry of Transportation (MTO) and Brennan Paving & Construction Ltd. (Brennan) brought joint motions for summary judgment to dismiss a Third Party Claim and Fourth Party Claim.
The defendant in the main action had initiated a Third Party Claim against MTO, alleging negligence due to dust and debris on Highway 401 contributing to a motor vehicle accident.
MTO, in turn, issued a Fourth Party Claim against Brennan.
The court granted summary judgment, finding no credible evidence to support the defendant's allegations of dust or debris on the highway.
The defendant's testimony was deemed self-serving and uncorroborated by independent witnesses or official reports.
The court emphasized the proportionality principle in summary judgment and the respondent's obligation to present all available evidence to demonstrate a genuine issue for trial.
