H. M. Lewin

The Court of Appeal for Ontario issued a costs endorsement following an appeal.

The appellant was ordered to pay the respondent's costs of the appeal on a partial indemnity scale, fixed at $8,000 inclusive of disbursements and GST.

The appellant attended a party at the respondent's property and fell from a newly constructed deck that lacked a railing, sustaining a fractured ankle.

At trial, the jury dismissed the appellant's negligence action, finding that the respondent did not fail to take reasonable care and that the appellant failed to take reasonable care for her own safety.

The appellant appealed, arguing the jury's verdicts on liability and damages were perverse and that the trial judge erred in admitting certain photographs.

The Court of Appeal dismissed the appeal, finding there was an evidentiary basis for the jury's verdict, including evidence that the respondent had warned the appellant about the lack of a railing.