Graham v. Rourke

Posted March 4, 2016

(1990), 75 O.R. (2d) 622 (C.A.); This is a leading case on when it is appropriate for a trial judge to dispense with a jury and try a case on its own. It also is important for its treatment of contingencies. The plaintiff succeeded in maintaining 75% of her trial judgment on appeal. The case was unusual because the plaintiff had received full damages on the basis that she would never work again as a result of a previous car accident. After she slipped on an icy sidewalk, her back miraculously began to get better and she began an antique business. Then, unfortunately, she was involved in a third mishap that undid the beneficial effects of the slip and fall.