What is the test for summary judgment in a motor vehicle accident case?
Alberta, Canada
The following excerpt is from Walker v. Anand, 2003 ABQB 427 (CanLII):
He granted the defendant’s application for summary judgment on the basis that the plaintiff cannot possibly succeed in those circumstances. He quoted from Canadian Pacific Limited v. Gill, 1973 CanLII 2 (SCC), [1973] S.C.R. 654 and I will set out the quote because it is certainly applicable to the situation before me as well: It is trite law that faced with a sudden emergency for the creation of which the driver is not responsible he cannot be held to a standard of conduct which one sitting in the calmness of a courtroom later might determine was the best course. . . .
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