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05 Oct 2020

Summary judgment not granted by NB Court of Appeal despite defendant admitting liability

by Erika Hachey
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Trider v. Galloway, 2020 NBCA 64

The plaintiff, Ms. Trider, was injured in a motor vehicle collision at an intersection. Liability for the collision was admitted by the Defendant, Mr. Galloway, after the examination for discovery took place. Nevertheless, Ms. Trider brought a summary judgment motion against Mr. Galloway to confirm the court’s position on liability. Ms. Trider’s motion for summary judgment was dismissed, and an appeal was made.

The Court of Appeal stated that an agreement had been made between the parties for Mr. Galloway to admit his negligence caused the collision, and that the purpose of a summary judgment motion is not to ‘obtain the court’s stamp of approval’. The Court of Appeal further stated it is inappropriate for summary judgment motions to simply seek ‘judicial confirmation’ of a pleaded admission.

With that, Ms. Trider’s summary judgment motion was dismissed with costs payable to Mr. Galloway.

You can read Trider v. Galloway in its entirety here.