The defendant municipality appealed a trial judgment finding it grossly negligent for failing to sand an icy sidewalk, resulting in the plaintiff's injuries.
The municipality also appealed the admission of expert evidence and the award of pre-judgment interest on future loss of competitive advantage.
The plaintiffs cross-appealed on damages and costs.
The Court of Appeal upheld the finding of gross negligence, noting the municipality failed to follow its own winter maintenance policy.
The court allowed the appeal in part to set aside pre-judgment interest on future pecuniary loss, and allowed the cross-appeal in part to award interest on out-of-pocket expenses.
