The claimant was operating his motorcycle on Highway 1 when he entered an off-ramp at exit 44 in the City of Coquitlam. The claimant alleges that as he entered the off-ramp, the front tire of his motorcycle struck the edge of a bridge deck on the ramp that was raised above the level of the pavement. The plaintiff alleges the bridge operators were negligent and that he suffered injuries as a result of the motorcycle accident.

The defendants responsibility for the area of roadway where the motorcycle accident occurred, applied under Rule 9-7 of the Supreme Court Civil Rules for summary dismissal of the personal injury claim.

Interestingly, Rule 9-7(2) permits any party to apply for judgment on an issue or generally by way of a summary trial. Severance is also necessary for the issue of liability.

In light of these various complex factors the judge was unable to find the facts necessary to decide the liability issue on a summary trial and it would be unjust to decide the matter summarily. The judge reminded us that parties should not construe this  rule as an invitation to treat summary trials as anything other than a full trial but rather should come prepared to deal with the case on the merits.

[47] Further, where there are factual issues arising from the evidence that call into question the probability of the accounts offered by the parties, it is unjust to resolve the matter on a summary trial…(Swiston v. British Columbia (Transportation Investment Corporation),2018 BCSC 640)

The application was dismissed and the case has to proceed to a full trial.

Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.

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