What is the standard of review of a decision by the Court of Appeal in a personal injury case?
British Columbia, Canada
The following excerpt is from Maxwell v. Brandel, 1998 CanLII 4175 (BC SC):
The standard of review by this court in cases such as this is set out in the judgment of Drost J. in the case of Weiss v. Renaud, [1997] B.C.J. No. 769 (B.C.S.C.) at para. 27 as follows: The appellate court should not interfere with the trial judge's decision absent a material error in principle, a significant misapprehension of the evidence, or an award which is clearly wrong.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of review under s. 59(1) of the Rules of Appeal Court of Appeal for a motion of appeal against the decision of a judge on a question of mixed fact and law? (British Columbia, Canada)
What is the case law in favour of the Court of Appeal in the case of the Supreme Court of Canada's most senior judge in the matter of personal injury? (British Columbia, Canada)
Does the standard of review apply to a review of a Workers’ Compensation Appeal Tribunal decision to which the decision was patently unreasonable? (British Columbia, Canada)
Does the Court have jurisdiction to hear personal injury claims in personal injury cases? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Canada consider a motion for personal injury in a personal injury case? (British Columbia, Canada)
In what circumstances will the Court of Appeal order an increase in costs for a plaintiff in a personal injury case? (British Columbia, Canada)
Does a decision of appeal from a master be appealed from the Court of Appeal of the Master? (British Columbia, Canada)
What is the standard of review applied by an appellate court reviewing a decision of a trial judge concerning matters of custody and access? (British Columbia, Canada)
What is the test for determining the quantum of compensatory damages awarded by the Court of Appeal in a personal injury case? (British Columbia, Canada)
