The appellant was rendered a tetraplegic after diving into shallow water at a provincial park and striking his head.
The trial judge dismissed the action, finding the appellant was contributorily negligent, failed to prove he hit a sandbar rather than the lake bottom, and that the sandbars were not a hazard under the Occupiers' Liability Act.
The Court of Appeal allowed the appeal and ordered a new trial, finding the trial judge made fundamentally inconsistent findings on factual causation, disregarded relevant expert and eyewitness evidence, and misapprehended the evidence regarding the absence of previous injuries at the park.
