What is the test for a finding of negligence by a jury in a motion to be heard by the Court of Appeal?

An appellate court is to accord deference to the trial judge on findings of fact and on inferences to be drawn from the facts: Housen v. Nikolaisen, 2002 SCC 33 (CanLII), [2002] 2 S.C.R. 235. The standard in both cases is palpable and overriding error: [I]f there is no palpable and overriding error with respect to the underlying facts that the trial judge relies on to draw the inference, then it is only where the inference-drawing process itself is palpably in error that an appellate court can interfere with a factual conclusion. (p. 237) Therefore, appellate courts are to defer to the trial judge on findings of negligence unless the trial judge has made a legal error in characterizing or applying the standard or duty of care, or a palpable and overriding error in the perception of the evidence and the inferences drawn from the evidence.