What is the test for intervening on a motion of appeal?
British Columbia, Canada
The following excerpt is from Hoff v. Joncas, 1997 CanLII 3889 (BC CA):
The comments of Mr. Justice McIntyre in Woelk v. Halberson (1980) 1980 CanLII 17 (SCC), 2 S.C.R. 430 at 435 are apt to the circumstances raised in this appeal: It is only where a Court of Appeal comes to the conclusion that there was no evidence upon which a trial judge could have reached this conclusion or where he proceeded upon a mistaken or wrong principle or where the result reached at trial was wholly erroneous that a Court of Appeal is entitled to intervene.
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