Robert Somerleigh

The appellant appealed a summary judgment granted in favour of the respondent regarding a debt.

The motion judge had relied on a partial transcript from a related proceeding where the appellant seemingly admitted the debt.

On appeal, the appellant sought to introduce fresh evidence, including the full transcript which showed the admission was qualified by a claim that the parties had settled for half the amount.

The Court of Appeal admitted the fresh evidence, finding exceptional circumstances due to a communication breakdown between counsel and the inadvertently misleading nature of the partial transcript.

The appeal was allowed and the summary judgment set aside, but the respondent was awarded costs for both the motion and the appeal due to the appellant's failure to adduce the evidence originally.

The appellant appealed a jury's finding of negligence and apportionment of liability arising from a fatal motor vehicle accident.

The appellant argued the jury's finding conflicted with s. 50 of the Public Lands Act, which precludes civil suits for negligence in relation to road maintenance.

The Court of Appeal dismissed the appeal, holding that the jury's finding referred to the appellant's failure to report safety concerns or take appropriate operational steps, which was not precluded by the Act.

The court also found the minimal apportionment of liability against the driver did not render the finding against the appellant unreasonable.