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Standard of Review

Muise v. Mark Wilson’s Better Used Cars Limited 2021 Ont SCJ (Div Ct)

In dismissing an appeal, the court approved the following statement of a federal court judge as to palpable and overriding error: “Palpable and overriding error is a highly deferential standard. ‘Palpable’ means an error that is obvious. ‘Overriding’ means an error that goes to the very core of the outcome of the case. When arguing palpable and overriding error, it is not enough to pull at leaves and branches and leave the tree standing. The entire tree must fall.”

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.