The infant plaintiff sustained catastrophic injuries when he rode his bicycle down a ramp at an apartment building owned by the appellant Turret Realties Inc. and into the path of a vehicle driven by the appellant Anne Busk.
The trial judge found Turret 50% liable under the Occupiers' Liability Act and the plaintiff 50% contributorily negligent, while dismissing claims against the driver.
Turret appealed on multiple grounds, including reasonable apprehension of bias, liability, and damages.
The plaintiff cross-appealed regarding contributory negligence, loss of interdependent relationship, and the refusal to award a management fee.
The Court of Appeal dismissed the main appeal and allowed the cross-appeal in part, awarding a management fee of $302,989 and adjusting the tax gross-up accordingly.
