The appellant was electrocuted by stray voltage from a light pole at a municipally-owned soccer field.
The damage to the pole was caused by a lightning strike.
The appellants sued under the Occupiers' Liability Act, but the trial judge dismissed the action, finding the municipality met the standard of care.
On appeal, the appellants argued the trial judge erred in his factual findings regarding the timing of the lightning strike and in admitting and relying on the respondent's expert evidence regarding the inefficacy of pen testers to detect stray voltage.
The Court of Appeal dismissed the appeal, finding no reversible errors in the trial judge's factual findings or evidentiary rulings.
