What is the test for a summary judgment where the issues of causation and standard of care are contentious as between experts?
Ontario, Canada
The following excerpt is from Marion Andrzejewski v. Ottawa Police Services Board, et al, 2019 ONSC 4132 (CanLII):
In Cuming v. Toronto, 2019 ONSC 1720, Morgan J. refused to grant a summary judgment where the issues of causation and the standard of care were contentious as between experts. At paragraph 21 of his decision he stated “In the circumstances, the competing expert reports and the irreconcilably conflicting views of the experts on the key issues of causation and standard of care, lead me to conclude that there are a number of important and genuine issues requiring a trial. “
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