Mr. Surowiak

The appellants appealed a jury verdict, arguing that evidence regarding a walkway's failure to meet Building Code fire safety requirements was improperly admitted.

The Court of Appeal agreed the evidence was irrelevant but dismissed the appeal, finding its admission caused no substantial wrong or miscarriage of justice.

The trial judge had questioned the value of the evidence in his charge, and the defence's position at trial was that a retaining wall provided safe access, making the walkway a marginal factor.