SUPREME COURT OF NOVA SCOTIA
Citation: MacAulay v. Ali, 2013 NSSC 271
Date: 20130823
Docket: Hfx No. 406023
Registry: Halifax
Between:
Heather MacAulay
Plaintiff
v.
Ahmad Ali
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Michael J. Wood
Heard: August 20, 2013, in Halifax, Nova Scotia
Decision: August 23, 2013 (Orally)
Written Release
of Decision: September 3, 2013
Subject: Summary Judgment - Evidence
Summary: The defendant sought summary judgment on evidence. Both parties filed affidavits of administrative personnel attaching various documents as exhibits. The defendant relied primarily on a video recording of the plaintiff at the time of the accident, which allegedly showed that the plaintiff did not suffer any injury.
Issue: What evidence is admissible on the summary judgment motion?
Should summary judgment be granted?
Result: The attachment of documents to affidavits of persons without personal knowledge does not make them admissable. The only evidence admitted on the motion was the video recording and the written statement of the plaintiff. The Court was not prepared to draw inferences from the video without witness testimony. Defendant unable to show no material issues of fact requiring trial - motion dismissed.
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