Cunningham A.C.J.

The appellant appealed a trial judgment following a jury verdict in a motor vehicle accident case.

The appellant argued the trial judge erred by suggesting a Town official's expected evidence regarding traffic light timing was expert opinion, and by recalling and recharging the jury after their initial verdict stated the respondent 'may have had an opportunity to avoid colliding'.

The Court of Appeal dismissed the appeal, finding the trial judge had not ruled on the admissibility of the uncalled witness's evidence, and properly recharged the jury because the initial verdict did not meet the legal definition of negligence.

The appellant appealed a summary judgment decision in favour of the respondent bank regarding a loan default.

The appellant sought to introduce fresh evidence, including an affidavit from a signing officer, to argue the loan was intended for a company rather than him personally.

The Court of Appeal dismissed the appeal, finding the fresh evidence was available prior to the summary judgment hearing and lacked sufficient detail to be meaningful.

The court held the appellant failed to put his best foot forward, and the motion judge made no errors in granting summary judgment.