SUPREME COURT OF NOVA SCOTIA
Citation: Drummond v. Grafton-Connor Property Inc., 2013 NSSC 370
Date: 20131127
Docket: Hfx No. 343024
Registry: Halifax
Between:
Ian Ronald Drummond
Plaintiff
v.
Grafton-Connor Property Incorporated, a body corporate
of Halifax Regional Municipality, the Province of Nova Scotia,
c.o.b. under the name of Cheers Burger Emporium & Lounge;
Jonathan Lawrence Briggs and Brent Kisil
Defendants
LIBRARY HEADING
Judge: The Honourable Justice Michael J. Wood
Heard: December 19, 2012 and August 23, 2013, in Halifax, Nova Scotia
Written Decision: November 27, 2013
Subject: Civil Procedure - Summary Judgment
Summary: The plaintiff was thrown out of an establishment and seriously injured. He has no recollection of the events which were captured on video cameras. The defendants moved for summary judgment on the basis of the video evidence and the affidavit of the bouncer denying that he applied force.
Issue: Should summary judgment be granted?
Result: The Court was not satisfied that the defendants had met the initial burden of showing there was no genuine issue of material fact requiring trial. The video evidence could not be interpreted in isolation and required evidence of witnesses in order to determine inferences to be drawn. Plaintiff provided expert opinion to assist in understanding events depicted. Motion dismissed.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.