The plaintiff was seriously injured during a ski lesson when another skier collided with her.
At trial, the other skier was found solely responsible, and the action against the ski instructor and his employer was dismissed.
The Court of Appeal reversed this decision, apportioning 20% liability to the instructor and employer.
The Supreme Court of Canada allowed the appeal and restored the trial judgment, holding that an appellate court must not set aside a trial judge's findings of fact absent palpable and overriding error.
