The appellant appealed a jury's damages award in a personal injury action arising from a motor vehicle accident.
She argued that the trial judge failed to properly instruct the jury on the meaning of 'material' contribution regarding causation.
The Court of Appeal dismissed the appeal, finding that the jury charge was not deficient when read as a whole.
The court noted that the jury was entitled to accept the defence theory, supported by the appellant's own medical expert, that her condition could have been caused by factors other than the accident.
