The appellant municipality appealed a trial judgment finding it negligent for failing to respond adequately to icy road conditions.
The municipality argued the trial judge erred by not applying a presumption of negligence against the respondent for crossing the centre line.
The Court of Appeal dismissed the appeal, finding the trial judge properly identified evidence rebutting the presumption, including the respondent's testimony, evidence of appropriate speed, and expert testimony that the icy road was the sole cause of the accident.
