Renee A. Kopp

The appellant appealed the motion judge's decision to strike out his claims against the Association of Professional Engineers of Ontario and the Crown defendants.

The Court of Appeal agreed with the motion judge that the claim against the Association was properly struck out.

The Court also found that the claim against the Crown defendants did not make out a cause of action outside the reach of s. 7(1) of the Public Authorities Protection Act.

The appeal was dismissed with costs.

The appellants, operators of a group home, appealed a civil jury verdict that found them 80% liable and the Children's Aid Society 20% liable for severe frostbite injuries suffered by a developmentally challenged student who went absent without leave from his high school.

The jury found the school board 0% liable.

The Court of Appeal dismissed the appeal, holding that the jury's finding of no negligence by the school board was supported by the evidence, particularly the appellants' failure to communicate prior runaway incidents to the school.

The court found no palpable and overriding error to justify interfering with the jury's apportionment of liability.