Berner was sentenced to 2 1/2 half years in jail for impaired and dangerous driving after she hit Middelaer and her aunt who were standing on a roadside in Delta in 2008.
The unanimous Appeal Court decision found that the trial judge did not err in convicting Berner as charged.
However, Berner still has an appeal pending that challenges the length of her sentence. She was granted bail late Tuesday while the second appeal works its way through the court.
Berner has yet to serve virtually any jail time on her conviction, as she was also on bail pending the first appeal.
The dead child’s mother, Laurel Middelaer, said she was satisfied with the court's ruling Tuesday.
Middelaer said this whole issue now is not about Berner’s fate as much as the larger issue of impaired driving and public safety.
“Clearly, this is a strong message. The courts are supposed to make decisions that promote a safe and just society,” Middelaer said. “So I think, viewing that lens, this is really good day. This is a good day for our family, but more so a great day for B.C.”