Saskatchewan’s highest court has denied the University of Regina’s appeal to overturn a jury’s decision that found the university liable after a teen was paralyzed diving into the facility’s pool.
Miranda Biletski, who was 16 at the time of the accident in 2005, was paralyzed when she dove into the pool and hit in the bottom.
A jury ruled in October of 2017 that the U of R was liable for her injury. The university was ordered to pay her $9.1 million in damages, along with $1.5 million for tax gross-up, pre-judgement interest and a claim by the Saskatchewan Minister of Health.
Biletski was a member of the Regina Piranhas Swim Club when she was injured. The university argued that the club was negligent and contributed to Biletski’s injury.
The university based its appeal on having a judge decide who was liable for the injury, rather than a jury.
In a written decision released on Friday, a panel of judges agreed the university’s appeal should be denied.
The university argued that “its right to a fair trial was prejudiced by improper comments made by Ms. Biletski’s counsel to the jury,” the document said.
However, the judge said there was “no reason to order a new trial because of any risk that the comments made to the jury affected a fair determination on the issues that it was invited to decide.”
The document says Biletski and the swim club are both “entitled to their costs in this court.”
“The University of Regina respects the legal process and the decision made by the Saskatchewan Court of Appeal. We are still reviewing the judgment with our legal counsel and our insurer to determine next steps, including possible terms and timing of payment,” university spokesperson Paul Dederick said in a written statement to CTV News.
“The University recognizes the tragic nature of this incident and the unalterable impact on Ms. Biletski and her family. We wish her the best moving forward.”
