Can an appellate court "reconsider" evidence presented at trial when there is a reasoned belief that the trial judge must have forgotten or misconceived the evidence?

British Columbia, Canada


The following excerpt is from Banic-Govc v. Timm, 2019 BCCA 413 (CanLII):

… an appellate court may “reconsider the evidence” proffered at trial when there is a “reasoned belief that the trial judge must have forgotten, ignored or misconceived the evidence in a way that affected his [or her] conclusion” and thereby erred in law ([Van de Perre v. Edwards, 2001 SCC 60, at para. 15). …

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