Sonia Fabiani

Appeal from a summary judgment dismissing a negligence action brought by the estate and family members of a deceased man who died in a motor vehicle accident.

The motion judge applied the doctrine of emergency to find that the driver, who was engaged in a drug deal, acted reasonably when he drove away while the deceased was attempting to enter the vehicle, resulting in the deceased's death.

The majority upheld the summary judgment, finding no error in the application of the emergency doctrine.

Justice Pepall dissented, arguing that the motion judge failed to properly analyze the elements of the emergency doctrine and that material inconsistencies in the evidence should have precluded summary judgment.

The defendants and a statutory third party moved for summary judgment to dismiss a Family Law Act claim for damages arising from a motor vehicle accident that resulted in the death of Glen Isaac.

The court considered the doctrines of volenti non fit injuria and emergency, and the deceased being the author of his own misfortune.

The motion was granted, finding that the deceased's aggressive actions initiated the confrontation and led to his death, thus precluding the derivative claims.

The appellant insurer appealed a motion judge's approval of an infant settlement between the plaintiffs and the individual defendants for the limits of the defendants' insurance policy.

The appellant argued the settlement affected its subrogation rights and that there was insufficient evidence regarding the defendants' assets.

The Court of Appeal dismissed the appeal on the merits, finding the motion judge properly exercised his discretion based on the evidence.

However, the court allowed the appeal regarding costs, holding that the appellant should only be liable for the additional costs caused by its objections, not the entire costs of the motion to approve the infant settlement.