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.