The appellant hydro company and respondent property owner appealed a Small Claims Court decision finding them both liable in negligence for a power surge caused by a fallen tree limb that damaged the plaintiff's electrical equipment.
The Divisional Court found that the trial judge committed palpable and overriding errors by failing to determine whether the limb was dead or alive before assessing the property owner's liability, and by failing to properly analyze the hydro company's standard of care given uncontradicted evidence of its adherence to industry-standard tree inspection cycles.
The appeal and cross-appeal were allowed, and a new trial was ordered.
