Is a judge's decision not to strike down a motion in favour of a plaintiff in a personal injury case?
Ontario, Canada
The following excerpt is from D.T. v. Children's Aid Society of Oxford (County), 2001 CanLII 28186 (ON SC):
Counsel are in accord with the principle that the decision of the trial judge should not be disturbed unless the she has acted upon wrong principles, or disregarded material evidence, or has made a patent, palpable, or overriding error which affected her assessment of the facts, Lensen v. Lensen (1987), 1987 CanLII 4 (SCC), 44 D.L.R. (4th) 1 (S.C.C.).
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