What considerations must be considered in the context of a motion for summary judgment in a personal injury case?
Manitoba, Canada
The following excerpt is from M.A.B.A. v. F.A., 2015 MBQB 97 (CanLII):
As has been observed in many cases, striking the correct balance of these considerations and the parties’ circumstances is no easy task and necessarily involves an element of judicial discretion. As McLachlin J. observed in Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420 (at para. 57): .... Since all the objectives must be balanced, it often will not be possible to satisfy one absolutely. ....
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