The Ontario Courtroom of Enchantment has overturned the dismissal of a private harm lawsuit in opposition to the town of Hamilton in a case involving a passenger injured on a Hamilton Avenue Railway (HSR) bus.
The dispute in Passmore v. Hamilton (Metropolis), 2024 ONCA 825 stemmed from an incident in July 2020 when the appellant, a passenger on an HSR bus, alleged that the driving force’s sudden braking brought about her to fall and maintain accidents. She initiated authorized motion in opposition to the driving force, HSR, and the town of Hamilton, claiming they have been accountable for her accidents.
Throughout a pre-trial convention, the town argued for the primary time that it had been improperly named as a defendant. The court docket directed the town to deliver a movement to dismiss the declare. The movement decide subsequently granted abstract judgment, eradicating the town as a defendant. He acknowledged that there was no real difficulty requiring a trial relating to the town’s legal responsibility, describing the movement as one aimed toward figuring out whether or not the case could be heard by a decide or jury.
