The appellants, a condominium developer and related entities, appealed a jury verdict awarding damages to the respondents for injuries sustained when an A-frame sign placed on a downtown Toronto sidewalk struck the plaintiff in the face during windy conditions.
The jury found both the developer and the sign contractor liable, apportioning fault 94% to the developer and 6% to the contractor.
The appellants challenged the trial judge's instructions on duty of care, apportionment of liability, and foreseeability.
The Court of Appeal dismissed the appeal, finding no material misdirection warranting intervention.
The cross-appellant's challenge to costs awards was also dismissed.
