The plaintiff appealed a jury verdict dismissing her action arising from a school fight involving her son.
The jury found the defendant acted in self-defence, the fight was consensual, and the plaintiff suffered no damages.
The plaintiff argued the trial judge erred by asking the jury to clarify a potentially inconsistent answer regarding apportionment of fault instead of declaring a mistrial.
The Court of Appeal dismissed the appeal, finding no error in the trial judge's procedure, which successfully removed any ambiguity.
The court also upheld the jury's factual findings, the trial judge's evidentiary rulings regarding Young Offenders Act transcripts, and the costs award.
