Keeble v. Couperthwaite Estate [2005] O.J. No. 6099 (S.C.J.) 

Date of Decision: September 09, 2005

Case Summary:
We successfully brought a motion for summary judgment and seeking a dismissal of an action on the basis that there was no triable issue regarding liability of our client. The plaintiff brought an action against several farmers in the area where the plaintiff was injured in a motor vehicle accident. The plaintiff alleged that the accident was caused by a cow which had escape from one of the farmers’ properties. The cow had not been identified and there was no evidence linking the cow to any of our client's. The Court agreed with our clients’ submission that without evidence establishing that the cow involved did in fact escape from the defendants’ farms, the defendants could not be held liable. The motion for summary judgment was therefore granted and the action dismissed with costs.


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