What is the test for appealing on the ground of appeal against a finding that a trial judge committed a palpable and overriding error?
Ontario, Canada
The following excerpt is from Lakehead Aluminum v. Mauno Parkkari, 2014 ONSC 4167 (CanLII):
The parties agree that this ground of appeal, as a question of mixed fact and law, cannot succeed unless the appellant establishes that the trial judge committed a palpable and overriding error: Housen v. Nikolaisen.
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