What is the test for a cross-appeal?
British Columbia, Canada
The following excerpt is from McArthur v. Barton, 1982 CanLII 448 (BC CA):
In the present case I am not persuaded that it would be appropriate to adopt the approach discussed in Killeen v. Kline. Rather, I am of the opinion that the learned trial judge properly exercised his discretion in respect of the claim for loss of earnings to trial by awarding the same rate of interest that he awarded in respect of the non-pecuniary loss. In the result I would dismiss the cross-appeal.
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