The appellant appealed a Small Claims Court decision awarding damages to the respondent for a hydro pole destroyed by the appellant's pickup truck.
The trial judge found the appellant liable under s 193 of the Highway Traffic Act because she failed to meet the onus of proving the damage was not caused by her negligence or improper conduct, despite finding she was not driving.
The Divisional Court allowed the appeal, finding the trial judge made a palpable and overriding error by rejecting the appellant's evidence that she did not consent to anyone driving her truck without giving good reasons.
