What is the test for appeal against a finding of fact by a jury in a personal injury case?
Ontario, Canada
The following excerpt is from Children’s Aid Society of Toronto v. P.L., 2012 ONSC 2477 (CanLII):
[24] I reject this ground of appeal. As I have noted, the standard of appellate review for a trial judge’s findings of fact requires great deference and it is only where there is a serious misapprehension of the evidence that an appeal court ought to intervene: Housen v. Nikolaisen, supra.
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