The plaintiffs were riding a tandem bicycle downhill when they lost control, struck an embankment, and suffered severe injuries, resulting in the husband's death.
The trial judge found the defendant municipality entirely liable for the accident due to road disrepair and inadequate signage.
On appeal, the defendant argued the trial judge erred in admitting expert evidence beyond the expert's qualifications and in failing to find contributory negligence.
The Court of Appeal held that while the expert should not have testified on matters outside his expertise, the defendant suffered no prejudice.
However, the Court found the trial judge ignored evidence of the husband's excessive speed and failure to keep a proper lookout, and apportioned liability 60% to the defendant and 40% to the plaintiffs.
