The appellant Province appealed a trial judgment finding it 70% liable for a motor vehicle accident that rendered the respondent a quadriplegic.
The trial judge found the Province's subcontractor failed to sand the icy highway.
The Province appealed on grounds of liability, apportionment, excessive judicial intervention destroying impartiality, and the award of a $50,000 costs premium.
The Court of Appeal dismissed the appeal on liability, apportionment, and judicial intervention, finding the trial judge's interventions did not amount to reversible error.
However, the Court allowed the appeal regarding the costs premium, finding the circumstances were not so exceptional as to warrant a premium.
