What is the test for a motion seeking a new trial?
British Columbia, Canada
The following excerpt is from Carter v. Canada (Attorney General), 2013 BCCA 435 (CanLII):
In a case such as this, where the remedy sought is a new trial, the general rule is that in order to succeed, the appellant will have to show that the trial judgment results in a substantial wrong, or a miscarriage of justice: see Knauf v. Chao, 2009 BCCA 605 and the cases there cited.
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