The appellant, a passenger injured in a motor vehicle collision, appealed a trial judgment that resulted in a nil award after the jury verdict of $50,000 in non-pecuniary damages was reduced by a statutory deductible and an advance payment made by the defendants.
The appellant challenged the trial judge's qualification of expert witnesses, aspects of the jury charge, and the costs award.
The Court of Appeal dismissed the appeal on the merits and the costs appeal, finding that the trial judge properly admitted non-party expert evidence, provided a balanced jury charge, and correctly applied the costs rules given the nil judgment.
