What is the test for interfering with a trial judge's findings and conclusions on a cross-appeal?

Ontario, Canada


The following excerpt is from Estate of John Wood v Arius3D Corp., 2016 ONSC 36 (CanLII):

In relation to questions of fact or mixed questions of fact and law raised on the cross-appeal, this court must find a palpable and overriding error to justify any interference with the trial judge’s findings and conclusions. (see Housen v. Nikolaisen, 2002 2 SCC 33, at para. 8).

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