In Ward v. Landmark Inn Leasing Corp. et al. (Ont Div Ct, 2025) the Ontario Divisional Court dismissed a plaintiff's appeal, this from a Small Claims settlement contract case.
Here the court considers the appellate SOR for some issues of negligence:
[32] With respect to issues involving the determination of negligence, identifying a duty of care and its breach invites a standard of correctness. On the other hand, applying the facts to the arguments of negligence requires a palpable and overriding error before the appeal can succeed. Unless an erroneous finding of negligence rests on an incorrect statement of the legal standard, requiring a standard of palpable and overriding error for findings of negligence reinforces the proper relationship between appellate and trial courts: see Housen, at paras. 30-31.
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