John M. Banfill

The appellants challenged findings that they had retained a law firm to prepare and file a prospectus and that the firm's general authority extended to retaining a printer.

The Court of Appeal held there was ample evidence supporting both factual findings and no basis to interfere.

The court upheld the conclusion that the law firm had authority to commit the appellants to pay for the printing.

The appeal was dismissed with costs.

The appellants appealed a trial judgment awarding damages for injuries sustained when an automatic sliding glass door closed on the plaintiff at an airport in Greece.

The trial judge found the appellants liable as occupiers, held there was no contributory negligence, and accepted medical evidence that the trauma and related brain surgery unmasked or accelerated the onset of Alzheimer’s disease by three years.

The Court of Appeal adopted the trial judge’s reasons, found no error of law, and dismissed the liability and damages appeal.

Leave to appeal the party-and-party costs order was granted, but that appeal was also dismissed given the trial judge’s broad discretion under rule 49.10(3) in light of the related medical negligence action tried at the same time.