The appellant municipality appealed a Small Claims Court judgment finding it liable in negligence after a branch from a municipally-owned tree fell on the respondent's leased vehicle.
The Divisional Court upheld the finding of liability, concluding the trial judge made no palpable and overriding error in finding the municipality had notice of the hazard.
However, the court allowed the appeal regarding damages, reducing the award from $10,000 to $4,314.88, as the costs associated with the respondent's voluntary early termination of the vehicle lease lacked a sufficient nexus to the municipality's negligence.
