What is the test for reversing a finding of fact in a sexual assault case?

British Columbia, Canada


The following excerpt is from Zhang v Zhou, 2021 BCSC 1897 (CanLII):

The appellant’s case at trial foundered on the trial judge’s assessment of his credibility, a matter on which trial courts are accorded considerable deference. Findings of fact, and in particular findings of fact based on assessments of credibility, may not be reversed unless it can be established that the trial judge made a “palpable and overriding error”: Housen v. Nikolaisen, 2002 SCC 33, at para. 10. Here, the appellant has failed to establish any palpable and overriding error on the part of the trial judge.

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