The plaintiff was struck by a motor vehicle as a pedestrian crossing a private access road near a Loblaws store. She was not crossing in a demarcated crosswalk at the time. The defendant “occupiers” of the area where the collision took place sought to have the claims against them dismissed on a motion for summary judgment. Both parties retained experts who gave conflicting opinions on factual liability issues. Justice Hurley affirmed that cases with conflicting expert opinions are generally not amenable to summary judgment. The Court also noted that the action was subject to a jury notice and that trial by jury is a substantive right which should not lightly be interfered with. The defendant’s motion for summary judgment was dismissed.
