Gregory R. Birston

The appellants appealed the dismissal of their slip and fall action following a jury verdict finding no liability against the respondents.

The day after the jury was discharged, all six jurors returned to the courthouse, with one stating they were there to 'count the money', suggesting they misunderstood the effect of their verdict.

The trial judge dismissed a motion to inquire into the jury's return.

The Court of Appeal dismissed the appeal, holding that a trial judge has no jurisdiction to inquire into a jury's verdict post-discharge unless it involves a mere error in recording or transmitting the verdict.

Because the jury's written answers were clear and any error would involve a misunderstanding requiring further deliberations, the trial judge was functus officio.

The appellants were injured when an elevator in the respondents' building malfunctioned and dropped several floors.

At trial, a jury found against the appellants on liability, accepting the defence theory that the malfunction was likely caused by the occupants' misbehaviour.

The appellants appealed, arguing the trial judge erred in her jury instructions regarding the review of evidence, adverse inferences for an uncalled witness, and the burden of proof, as well as in an evidentiary ruling restricting their expert's testimony.

The Court of Appeal dismissed the appeal, finding no reversible errors in the jury charge or the evidentiary ruling.

The appellants appealed the dismissal of their action arising from a snowmobile accident where the plaintiff collided with the respondent's parked truck and trailer.

The appellants argued the trial judge failed to consider that the respondent's vehicles were parked contrary to the Highway Traffic Act and were unilluminated.

The Court of Appeal dismissed the appeal, finding that the trial judge correctly concluded the accident was caused entirely by the plaintiff, who had consumed alcohol, was carrying a passenger on an unsuitable snowmobile, and was driving erratically up and down snowbanks at an unsafe speed.