What is the test for a party to appeal against a finding of error at the Court of Appeal?
Newfoundland and Labrador, Canada
The following excerpt is from Newfound Disposal Limited v. Chaytor Estate, 2002 NFCA 22 (CanLII):
In Cooper v. Cooper at para. 15, this court addressed how the foregoing should shape its approach to appellate review: In principle, having had a full and complete opportunity to make one’s case to an impartial arbiter [at trial], a party should not be allowed to retry the case simply for the sake of having in effect a second “kick at the can”. Appellate review should be generally limited to the identification and correction of error. It is too expansive a definition of error to call it such simply because another tribunal ... favors another solution.
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