Top court rejects U of R appeal in Miranda Biletski case

The Saskatchewan Court of Appeal has rejected the University of Regina’s appeal of a judgment ordering the school to pay Miranda Biletski more than $10 million.

The province’s top court voted 3-0 to dismiss the university’s appeal. The decision was made available Friday.

Biletski sued the university after she dived into a pool at the school, struck her head on the bottom and suffered a ruptured spine — an injury that rendered her a quadriplegic. The incident occurred June 6, 2005, Biletski was 16 years old.

In October of 2017, a jury found the university liable for the accident and awarded Biletski more than $9 million in damages. The judge denied a university motion to set aside the jury’s verdict and subsequently added more than $1 million in tax gross-up to the award.

The university appealed the lower court’s finding. In the Court of Appeal’s decision, Justice Robert Leurer denied the school’s claims that the award was “reached without evidence on certain issues” or that its right to a fair trial was prejudiced by comments made by Biletski’s lawyer to the jury.

Chief Justice Robert Richards and Justice Peter Whitmore concurred with Leurer’s decision.

“The University of Regina respects the legal process and the decision made by the Saskatchewan Court of Appeal,” U of R spokesman Paul Dederick said in a statement. “We are still reviewing the judgment with our legal counsel and our insurer to determine next steps, including possible terms and timing of payment.

“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.”

Biletski became a Paralympian after the incident. She competed for Canada in wheelchair rugby at the 2016 Paralympic Games in Rio de Janeiro, Brazil.