In GreenHalgh v. Vaillancourt 2010 OJ. No. 459 E.M. Stewart J. on a summary judgment motion dealt with a situation where there was a high probability the defendant would be found liable given his plea of guilty to a Highway Traffic Act charge. The defendant raised issues with respect to contributory negligence as well as issues of causation and damages. Given these issues E.M. Stewart J. concluded: “In my view, these issues are of such a nature that it is evident that a trial will be required to determine them. Their magnitude and significance are such that the outcome of the action cannot and should not be discerned, even in part on the paper record before me. Accordingly I consider that there are several genuine issues for trial in this action such that the granting of partial summary judgment at this stage would be appropriate.”
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