The appellant appealed a jury verdict awarding her $2,500 in general damages (netting $0 after the statutory deductible) and a costs award of $140,000 following a motor vehicle accident trial where liability was admitted.
The appellant argued the trial judge erred by failing to charge the jury on the 'Thin Skull Rule' and by making comments that raised a reasonable apprehension of bias.
The Divisional Court dismissed the appeal, finding the jury verdict was reasonable and the trial judge's comments did not show bias.
The court also granted leave to appeal the costs order but dismissed the appeal, finding the trial judge properly considered the Rule 57.01 factors despite not providing written reasons.
