Jennifer Guy

The appellant appealed a trial judgment dismissing her negligence action arising from an injury sustained while practicing long-jump techniques at a secondary school.

The trial judge found that the school board and its employees did not breach their duty of care and met the standard of a prudent parent.

The appellant raised eleven grounds of appeal challenging the trial judge's credibility assessments, factual findings, and treatment of expert evidence.

The Court of Appeal upheld the trial judgment, finding no palpable and overriding error and affirming the trial judge's comprehensive reasons and conclusions.

The appeal was dismissed with costs awarded to the respondents.

The plaintiff, a high school student, sued her coach, principal, and school board for negligence after sustaining a knee injury during track and field practice.

The court found that the defendants met the standard of care of a careful and prudent parent, and that the plaintiff's current physical condition and occupational aspirations were not causally related to the injury.

The plaintiff's claim was dismissed.

The plaintiff sought leave to appeal a motions judge's decision that allowed the defendants to seek security for costs under s. 12(1) of the Libel and Slander Act, despite the plaintiff being a resident of Ontario.

The Divisional Court dismissed the application for leave to appeal, finding no conflicting decisions on the issue and no good reason to doubt the correctness of the motions judge's interpretation that the statute permits security for costs against resident plaintiffs.