What is the legal test for reversing a finding of fact?
Ontario, Canada
The following excerpt is from Litwinenko v. Beaver Lumber Company, 2008 CanLII 26263 (ON SCDC):
On issues involving findings of fact, a judge is not to be reversed unless it can be established that the trial judge made a “palpable and overriding error”, as set out in Stein v. The Ship “Kathy K”, 1975 CanLII 146 (SCC), [1976] 2 S.C.R. 802. Further, if a judge has considered all the evidence that the law requires him or her to consider and still comes to a wrong conclusion, this amounts to an error of mixed fact and law, and is subject to a more stringent standard of review than that of palpable and overriding error.
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