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ARTICLE · 02 DECEMBER 2025

Defence Win In Nydam v. Cunningham: Jury Finds No Liability

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After a four-week trial in Nydam v. Cunningham, the jury returned a verdict of no liability, resulting in a complete dismissal of the action.

CanadaLitigation, Mediation & Arbitration
DWF Group
DWF Group

After a four-week trial in Nydam v. Cunningham, the jury returned a verdict of no liability, resulting in a complete dismissal of the action.

Our defence team, Chet Wydrzynski, Merella Botros, andJunyKim, acted as co-counsel for the defendants and are pleased to have achieved this successful result for our clients.

The case involved a boating incident that raised several contested evidentiary and marine liability issues, all of which were fully argued at trial.

Our firm represented John and Alex Cunningham, the owner and operator of a small pleasure boat. The plaintiff, Mieke Nydam, was a passenger in the boat at the time of the incident. The evidence showed that Alex Cunningham swerved to avoid a partially submerged log, during which the plaintiff—who was seated with her feet on the chair and wrapped in a towel—moved in the boat and struck her head on the base of the boat's sink.

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