What is the applicable standard of review for the appeal of a decision in a personal injury case?
Manitoba, Canada
The following excerpt is from Bourgouin v. Rosser (Rural Municipality), 2014 MBCA 103 (CanLII):
The first ground of appeal relates to the applicable standard of review. Both counsel argued that the application judge’s decision should be reviewed according to the standards set out in Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, and both agreed that the applicable standard for the second and third grounds of appeal was that of palpable and overriding error.
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