Ozimkowski v. Raymond, 2018 ONSC 5779

The Plaintiff was involved in a rear-end MVA on a rural road in Lanark County. The road was icy at the material time. The Defendant driver commenced a third party claim against the County. The Plaintiff did not assert a claim against the County. The Plaintiff moved for partial summary judgment against the Defendant driver. The Defendant driver maintained that the liability of the Plaintiff and the County was a genuine issue requiring a trial. Justice Bell reviewed the law on rear-end collisions and summary judgment motions, and granted summary judgment to the Plaintiff on the issue of liability. In doing so, Justice Bell held that this finding limited the evidence that the jury would be required to hear and that there was no risk of inconsistent findings between this decision and the third party action.

Butera v. Chown, Cairns LLP, 2017 ONCA 783

The Ontario Court of Appeal held that a motion for partial summary judgment should be considered to be a rare procedure that is reserved for an issue or issues that may be readily bifurcated from those in the main action and that may be dealt with expeditiously and in a cost effective manner.