What is the test for intervening in an appeal?
Manitoba, Canada
The following excerpt is from Barcode Systems Inc. v. Symbol Technologies Canada Inc., 2008 MBCA 47 (CanLII):
1 An appellate court owes a high degree of deference to a trial judge when the issues on appeal concern findings of fact and inferences of fact, as well as issues of mixed fact and law, where the judge has applied the correct legal principles to a set of facts. This appeal is about these types of issues. Thus, the appellant must demonstrate that the judge made a palpable and overriding error to allow this court to intervene. See Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235.
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