Sean Murtha successfully resisted the Plaintiff’s motion for summary judgment. The Plaintiff is a former graduate student at McMaster University who claims, amongst other things, that McMaster University and its professors have benefited from his research. The Plaintiff’s allegations are strenuously denied by the Defendants.
Justice Nightingale found that the expert evidence submitted by the Plaintiff was inadmissible and that the Plaintiff had not led any evidence on damages. Justice Nightingale also held that the Plaintiff was seeking summary judgment on claims not made in his pleading. Furthermore, it could not be said that there was no genuine issue for trial as oral evidence would be required to assess credibility.
The Plaintiff’s motion for summary judgment was dismissed with costs awarded to the Defendants.