What is the test for a finding that a judge must not make a finding which would directly contradict a finding previously made by another judge?
British Columbia, Canada
The following excerpt is from Cao v Chen, 2017 BCSC 1851 (CanLII):
The claimant relies on Paszkowski v. Canada, 2001 CanLII 22070 (FC), [2001] F.C.J. No. 129 at para. 7, for the proposition that a judge should not make a finding “which would directly contradict a finding previously made by another judge of coordinate jurisdiction upon the identical facts.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a judge interfere with a trial judge's findings of fact? (British Columbia, Canada)
What is the test for a judge to depart from another judge's judgment? (British Columbia, Canada)
What is the test for a judge to depart from the judgment of another judge of the same court? (British Columbia, Canada)
Is there any "palpable or overriding" error which would contradict the findings of fact? (British Columbia, Canada)
In what circumstances will a judge relitigate a finding in a motion where the original finding was invalid? (British Columbia, Canada)
What is the test for determining whether a reasonable person would expect icy conditions would have been present? (British Columbia, Canada)
Can a judge quash a committal for trial if the presiding judge at the preliminary inquiry failed to observe a mandatory section of the Criminal Code? (British Columbia, Canada)
Can a judge vary the order of a single judge? (British Columbia, Canada)
Can a third party resident of another province resident in another province be ordered to produce his or her records to a litigant? (British Columbia, Canada)
In what cases have the courts restrained a lawyer from acting where the lawyer has previously acted jointly for another lawyer? (British Columbia, Canada)
