The appellant claimed damages under the Family Compensation Act following the death of her husband in an unwitnessed single-vehicle accident during a severe storm.
The trial judge dismissed the action, finding that negligence had not been proven on a balance of probabilities.
The Court of Appeal upheld the dismissal.
The Supreme Court of Canada dismissed the appeal, holding that the maxim of res ipsa loquitur should be treated as expired and no longer used as a separate component in negligence actions.
The Court concluded that circumstantial evidence should simply be weighed by the trier of fact alongside direct evidence to determine if a prima facie case of negligence has been established.
