James Virtue

The moving parties brought a motion for leave to appeal the decision of Justice Tranquilli dated March 29, 2021.

The Divisional Court dismissed the motion for leave to appeal without costs, as no cost summaries were filed.

The appellant was injured in a motor vehicle accident and claimed significant neurological, psychological, and physical injuries.

At trial, the jury awarded $30,000 for general damages and $48,000 for past lost income, rejecting claims for future loss.

The appellant appealed, arguing the trial judge failed to adequately instruct the jury on the 'material contribution' test for contributory causation.

The Court of Appeal found that while the trial judge erred in his instruction by not referring to the appellant's overall post-accident condition, the error occasioned no substantial wrong or miscarriage of justice given the evidence and the jury's verdict.