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The court converted a fire-loss action into a class proceeding, finding judicial economy and access to justice outweighed limitation-period prejudice.
The court held appellants breached the standard of care by failing to obtain timely cardiovascular surgical consultation after the aortic rupture and after deployment/adjustment of the Cook stent and that, on a balance of probabilities applying the robust common-sense causation test, the delay in moving the patient to surgery caused or substantially contributed to the neurological injuries; both appellants' appeals were dismissed and liability upheld.
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The Court held the handwritten notes were admissible (they were properly treated as admissions by the deceased or, alternatively, admissible under the principled exception) but the trial judge erred in his jury instructions by implying he had finally determined the notes were reliable rather than explaining that ultimate reliability and weight were matters for the jury; that instructional error created a real risk affecting the verdict on causation and required the verdict be set aside and a new trial ordered.
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The Court of Appeal dismissed an appeal from a liability-only trial, upholding a finding that the appellant motorcyclist was 100% at fault in an unsafe passing manoeuvre.
The appeal was dismissed because the appellant failed to call witnesses on the contested evidence making the expert‑evidence complaint immaterial, and because the jury's initial answer did not meet the legal definition of negligence, justifying the trial judge's recall and recharge of the jury.
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Pioneer Pools owed a duty to Mrs Walford by virtue of a special relationship; the applicable safety standard (CPSS) recognized non-obvious catastrophic risks from improper slide use and required warnings; Pioneer Pools breached its duty by assuring the customer the slide was 'okay' for a 4-foot pool without warning of the hidden risk; applying the but-for test the failure to warn caused the slide to be installed and thus caused the injury; plaintiff's contributory negligence apportioned at 20 percent.
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The adjudicator found necessity satisfied by the witness's death and that the statement was not shown to be unreliable on its face; therefore, under s.28 and the principled hearsay approach the audio statement is admissible in part, with any portions tainted by leading questions to be excluded or struck prior to reliance on the statement.
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The appeal is dismissed because the trial judge rationally found the plaintiffs' sole expert lacked the necessary otolaryngology expertise and had frailties in his evidence, preferred the defence otolaryngologist's opinion that the decision not to transfuse was a reasonable judgment call, and there was no basis to overturn those findings.
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The court found both parties negligent in a pedestrian-backhoe collision, apportioning 75% fault to the defendant and 25% to the plaintiff.
The Supreme Court held that a trustee’s failure to keep or replace insurance on bankrupt property, and failure to notify a hypothecary creditor, could create personal liability.
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