What are the legal propositions in the context of an appeal?
British Columbia, Canada
The following excerpt is from Royal Bank v. Astor Hotel Ltd., 1986 CanLII 1072 (BC CA):
These legal propositions are persuasive and perhaps will be accepted. But I would not pass on their validity or give effect to them in this appeal. My first observation is, generally, appeals are for the purpose of dealing with errors of judges of first instance. There are exceptions such as when no error is alleged against the judge but fresh evidence is introduced on appeal. In this case the judge was not wrong. He decided the single issue put to him in a way that is not challenged on appeal. The Royal Bank v. Camex case could not have been cited to him. And the application before him was not a step inconsistent with established practice for the realization of the security in question.
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