The appellant appealed a jury verdict dismissing her negligence action against the respondent homeowners after she slipped and fell on their staircase.
The appellant argued the trial judge erred in excluding the first set of expert slip resistance testing, resulting in a miscarriage of justice.
The Court of Appeal found no error in the trial judge's gatekeeping decision under the White Burgess framework, as the excluded testing differed materially from the actual conditions.
Even if the exclusion were erroneous, no miscarriage of justice resulted because the tampering theory was still advanced at trial through other evidence and the jury's verdict turned on the credibility of the parties.
