The appellant appealed a jury's damages award and a trial judge's costs order arising from a motor vehicle accident.
The appellant argued the trial judge's interventions during cross-examination rendered the trial unfair and that the jury was misdirected on causation.
The Court of Appeal dismissed the damages appeal, finding the interventions did not compromise trial fairness and the causation instructions were adequate.
However, the Court allowed the appeal regarding costs, setting aside a $60,000 penalty imposed on the appellant's insurer under the Insurance Act.
The Court found no evidence that the insurer failed to attempt to settle the claim expeditiously or that its participation in mediation was a sham.
