The appellant was rendered a quadriplegic in a motor vehicle accident when the impaired driver failed to negotiate a sharp curve on a rural road.
The trial judge apportioned 35% liability to the municipality for failing to post a warning sign.
The Court of Appeal overturned this finding.
The Supreme Court of Canada allowed the appeal and restored the trial judge's decision, holding that the trial judge's finding of negligence was a question of mixed fact and law that should not be overturned absent a palpable and overriding error.
The Court clarified the standards of review for questions of law, fact, and mixed fact and law.
