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Subcontractor's appeal of Small Claims Court judgment for roof leak damages dismissed.
The appellant subcontractor appealed a Small Claims Court judgment dismissing its claim for breach of contract and granting the respondent's counterclaim for damages caused by roof leaks.
The appellant raised issues regarding contract terms, mitigation, a settlement agreement, causation of the leaks, and the award of damages.
The Divisional Court applied the Housen standard of review and found no palpable and overriding errors in the Deputy Judge's findings of mixed fact and law.
The appeal was dismissed, though a calculation error in the damages award was corrected.
Tripping over a parked motorcycle qualifies as an accident for statutory accident benefits.
The respondent was injured when he tripped over a motorcycle parked on a walkway between trailers at a campsite.
The appellant insurer denied statutory accident benefits, arguing the incident did not meet the definition of an 'accident' under the Statutory Accident Benefits Schedule.
The application judge found that the temporary parking of the motorcycle constituted an ordinary or well-known use of the vehicle, satisfying the purpose test.
The Court of Appeal upheld the decision, confirming that parking a vehicle is an ordinary and well-known activity to which vehicles are put, and dismissed the appeal.
