Court rejects University of Regina bid to overturn award to Paralympian

Saskatchewan’s top court has unanimously rejected a bid by the University of Regina to overturn a decision that awarded Paralympian Miranda Biletski more than $1-billion after she was paralyzed in a swimming accident in the university’s pool.

“The university argues that the jury’s verdict on both liability and damages was reached without evidence on certain issues or was otherwise unreasonable. The university also argues that its right to a fair trial was prejudiced by improper comments made by Ms. Biletski’s counsel to the jury,” Justice Robert Leurer wrote in the court’s decision, released to the media on Friday.

“I would dismiss the university’s appeal,” he added, in a decision made unanimous by Chief Justice Robert Richards and Justice Peter Whitmore.

Biletski wasn’t available for comment Friday on the court’s decision.

She was 16 and a member of the Regina Piranhas Summer Swim Club when, at a June 2005 practice, she hit bottom diving into the pool during a swimming practice. She became a quadriplegic. She successfully sued the university, with a jury finding the U of R solely responsible at the conclusion of trial in October 2017. Jurors awarded a total of $9,160,584, with trial Justice Ted Zarzeczny adding on another $1,158,315 in tax gross-up.

The university asked Zarzeczny to overturn the jury’s findings, but he declined to do so. So the university turned to the Saskatchewan Court of Appeal.

Biletski was present at the appeal hearing in December when her lawyers Alan McIntyre and Kamara Willett joined lawyers for the U of R and the Piranhas in arguing the case.