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Summary trial over a motor vehicle collision found the plaintiff changed lanes late and accelerated through a late amber/near-red light, making him 100% at fault.
The Court of Appeal held leave was required to appeal a summary-trial dismissal and denied leave, finding the chambers judge acted within discretion.
Because the infant plaintiff limited his claim against the defendant to damages that would be apportioned to the defendant in accordance with the defendantâs relative degree of fault, the defendantâs third party claim against Ume Rabab was properly struck; the court amended the formal order to reflect that limitation and dismissed the appeal otherwise, and the court reiterated that fault may still be apportioned at trial to parties not joined to the action.
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The appeal was dismissed because the Court of Appeal concluded the motion judge had jurisdiction under ss.12 and 13 of the Class Proceedings Act to grant the bar order and the order was consistent with established principles (ONHWP v. Chevron); the bar order only affects appellants if they have rights of contribution and indemnity, otherwise it does not impair their substantive rights.
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