In Yusuf v Cooley, 2014 ONSC 6501, the plaintiff, who was 11 years old at the time of the accident, brought a personal injury action against multiple parties. The plaintiff was struck by a westbound driver as she crossed the street. Not only was the westbound driver a defendant, but so was the eastbound driver who allegedly stopped and slowed to allow the plaintiff to cross. The eastbound driver brought a motion for summary judgment dismissing the action against him arguing that he had no liability. The plaintiff and westbound driver opposed the motion.
The Need for the Whole Story May Make Summary Judgment the Wrong Direction
May 2015
Kelly Santini LLP, Ontario
