What is the standard of review of a motion for summary judgment at the Court of Appeal?
British Columbia, Canada
The following excerpt is from R. v. Manuel et al, 2004 BCSC 1475 (CanLII):
In these circumstances, the standard of review is a high one. As Lamer C.J.C. stated in Delgamuukw v. British Columbia, 1997 CanLII 302 (SCC), [1997] 3 S.C.R. 1010 at 1064, 153 D.L.R. (4th) 193, “Unless there is a "palpable and overriding error", appellate courts should not substitute their own findings of fact for those of the trial judge.”
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