What is the test for finding that a trier-of-fact made a palpable and over-riding error?
Ontario, Canada
The following excerpt is from Bennett (Re), 2014 ONCPC 2504 (CanLII):
60. The F.H., supra, decision upholds the very well established principles of evidence that an appellate court will be hard pressed to find a palpable and over-riding error where there is some evidence to support the conclusion drawn by the trier-of-fact: see also H.L. v. Canada, (Attorney General), [2005] 1 S.C.R. 401, 2005 SCC 25, and Housen v. Nikolaisen, [2002] 2 S.C.R. 235, 2002 SCC 33.
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