Gerald A. Swaye

The appellant appealed the judgment of the motion judge.

The Court of Appeal found no error in the motion judge's reasons and dismissed the appeal, awarding costs to the respondents.

The appellants appealed a trial judge's finding that the appellant driver was partially liable in negligence for a motor vehicle accident.

The trial judge found that the appellant driver failed to slow his vehicle sufficiently after observing the respondents' vehicle enter his lane under icy conditions, which increased the speed of impact.

The Court of Appeal dismissed the appeal, holding that the trial judge's finding was supported by the evidence, as the appellant had put his foot back on the accelerator instead of continuing to slow down.