What is the legal test for misapprehension or mixed fact and law?

British Columbia, Canada


The following excerpt is from R. v. Webber, 2019 BCCA 208 (CanLII):

The standard an appellant must meet to demonstrate misapprehensions of evidence in relation to issues of fact or mixed fact and law is high. Appellate courts may not interfere with findings of fact and factual inferences made by the trial judge unless they are palpable and overriding: Housen v. Nikolaisen, 2002 SCC 33 at paras. 10-25.

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