2 total
Appeals dismissed as trial judge's findings were supported by evidence and new issues cannot be raised.
The Court of Appeal dismissed the main appeal by British Aviation Insurance Group (Canada) Ltd., finding that the trial judge's findings were reasonably supported by the evidence.
Consequently, the respondent did not pursue its cross-appeal, which was also dismissed.
A concurrent appeal by McDonnell against the dismissal of an action against AOG was dismissed because it raised new issues not argued at trial and contradicted the evidence of its own representative.
All appeals were dismissed with costs.
Broad warranty exclusion barred all negligence claims arising from aircraft component failure.
Appeal from summary judgment dismissing a negligence action arising from an aircraft landing gear collapse allegedly caused by corrosion in a component part.
The appellant purchaser sought to avoid a contractual warranty package and exclusion clause, arguing that only certain warranty parts were accepted and that the exclusion did not extend to negligence or to a post-sale duty to warn.
The court held that the accepted warranty parts expressly incorporated Part 1, including a broad exclusion of all other liabilities occasioned by the manufacturer's negligence.
Applying the principle that contractual allocations of risk prevail over tort claims, the court concluded that the exclusion barred claims for negligent design, manufacture, and failure to warn.
Appeal dismissed with costs.
