What is the test for setting aside a discretionary decision in a personal injury case?
Alberta, Canada
The following excerpt is from Chernetz v. Eagle Copters Maintenance Ltd., 2008 ABCA 265 (CanLII):
A discretionary decision may be set aside if an appellate court finds that a judge has misdirected herself on the applicable law, or made a palpable error in his assessment of the facts: Deans v. Thachuk, 2005 ABCA 368, 376 A.R. 326 at para. 16 Analysis 1. Standard of proof for assessment of damages for future events
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