Ian Brisbin

The City of Hamilton appealed a trial judgment finding it liable in negligence.

The Court of Appeal dismissed the appeal, holding that the trial judge applied the correct standard of care and that her findings were supported by the evidence.

The Court also found that the trial judge correctly applied the 'but for' test for causation, noting that causation is a practical question of fact best answered by ordinary common sense.

The moving party sought a review of an order by a single judge of the Court of Appeal dismissing a motion to extend the time for appealing.

The Court of Appeal dismissed the motion, finding that the single judge was correct and that the relief sought could and should have been raised during previous appeals to the court, which had already been dismissed.