The appellant was catastrophically injured in a horseback riding accident while participating in a national youth volunteer program in Alberta.
She sued the program operators, the group leader, and the federal Crown in Ontario.
The trial judge found the defendants breached their duty of care but dismissed the action on the basis that the negligence did not cause the injury.
The trial judge also held that she would have exercised her discretion to extend the applicable Alberta limitation period, which had expired.
The Court of Appeal dismissed the appeal.
The majority upheld the trial judge's findings on causation, concluding there was no palpable and overriding error.
In a concurring opinion, Laskin J.A. found the trial judge's causation analysis unsatisfactory but agreed the action should be dismissed because it was statute-barred under Alberta law, and the court had no discretion to extend the limitation period following the Supreme Court's decision in Tolofson.
