Timothy E.G. Fellowes

The infant appellant was rendered a quadriplegic after falling from the rings during a high school gymnastics class.

He had attempted a difficult straddle dismount without a spotter and without direct teacher supervision in an exercise room separate from the main gymnasium.

The trial judge found the school board 80% liable for failing to provide adequate crash mats and supervision, and the appellant 20% contributorily negligent.

The Court of Appeal reversed the decision, finding no evidence that different mats or supervision would have prevented the injury.

The Supreme Court of Canada allowed the appeal and restored the trial judgment, holding that the school authorities breached the standard of care of a careful and prudent parent by failing to provide adequate matting and supervision, which contributed to the accident.

The appellant vendor and respondent purchaser were negotiating a real estate transaction.

The purchaser made a counter offer and requested the vendor to initial the changes and return the agreement 'as soon as possible'.

The vendor initialled the changes within the time limit but the mailed acceptance was received after the deadline.

The Supreme Court of Canada held that the closing words of the purchaser's letter indicated that prompt return of the initialled document would satisfy any formal provision for acceptance.

The appeal was allowed and the trial judgment finding a valid contract was restored.