What is the proper method of appealing a finding in a personal injury case?

Ontario, Canada


The following excerpt is from Divell v. Rupert, 2009 CanLII 72025 (ON SC):

Toronto v. C.U.P.E.; supra, points out that the appeal process is the proper method to maintain confidence in a final result. Re-litigation is to be avoided unless the circumstances show that re-litigation is necessary to enhance the credibility and the effectiveness of the adjudicative process as a whole. In some instances, re-litigation will enhance rather than impeach the integrity of the judicial system when the first proceeding was tainted by fraud or dishonesty or when fresh new evidence, previously not available, conclusively impeaches the original results. Another example is a situation in which fairness dictates that the original result should not be binding in the next trial. This was outlined in paragraphs 52 and 53 of the Toronto decision, supra.

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