What is the standard of review of a judge's findings of fact?
British Columbia, Canada
The following excerpt is from Isbister v. Delong, 2017 BCCA 340 (CanLII):
Appellate review of a trial judge’s findings of fact is governed by the deferential standard of palpable and overriding error. See Housen v. Nikolaisen, 2002 SCC 33 at paras. 3–5. The error must be plainly seen and have been material to the result. This standard of review has been alternatively applied to findings that are described as “clearly wrong”, “unreasonable”, or “unsupported by the evidence”. It has also been applied to unreasonable findings of fact “relating to credibility, to primary or inferred ‘evidential’ facts or to facts in issue”. See H.L. v. Canada (Attorney General), 2005 SCC 25 at para. 56.
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