Condominium Corp. No. 311443 v. Goertz (2016), [2016] A.J. No. 1195, 2016 ABCA 362, 2016 CarswellAlta 2202 (Alta. C.A.) at para. 49 McDonald, Bielby and Wakeling JJ.A

The Ontario Court of Appeal found that the trial judge properly instructed the jury on the fact that it was the trier of facts and clearly instructed the jury on legal issues such as the difference between negligence and error in professional judgment, and the onus of proof.