Summary judgment is not likely to be granted if the motions judge has any doubt as to whether a defendant can be found even 1% liable on the available evidence and case law. In this case, the plaintiff and defendant sisters were transporting items into the home of the defendant sister’s boyfriend. The plaintiff fell down stairs in home while carrying a large basket. The court dismissed the defendant sister’s motion for summary judgment, finding that there was evidence capable of being relied upon to find that the defendant sister was an “occupier” of her boyfriend’s house within the meaning of the Occupiers’ Liability Act. Furthermore, there was evidence to suggest the defendant sister may be found on a balance of probabilities to bear some liability for the fall.
