CANADA Law and Practice Contributed by: Sujit Choudhry and Mani Kakkar, Circle Barristers
not take appeals simply because the decision of the court of appeal might be incorrect. The Court only grants leave to appeal in approximately 7% of cases. 15.4 Rehearing of Appeal? The appeal is a rehearing of the matter, but sub - ject to the appellate standard. On questions of law, the appellate standard is correctness and appeal courts put themselves in the shoes of the first instance court. On questions of law or mixed questions of law and fact, the appellate standard is palpable and overriding error.
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