The appellants appealed a jury's damages award of nearly $1 million following a motor vehicle accident where liability was conceded.
The appellants argued the trial judge improperly interfered by questioning witnesses to assist the plaintiff's case, unfairly diminished the defence's position in the jury charge, and that the damages were excessive.
The Court of Appeal dismissed the appeal, finding the trial judge's questions were largely for clarification and non-confrontational, noting that experienced trial counsel did not object.
The court also found the jury charge was fair and balanced, and saw no basis to interfere with the damages award.
