What is the test for overturning findings of fact of the trial judge on appeal?
Alberta, Canada
The following excerpt is from Wilde v. Archean Energy Ltd., 2007 ABCA 385 (CanLII):
The findings of fact of the trial judge will only be reversed on appeal if they disclose palpable and overriding error: Housen v. Nikolaisen, [2002] 2 S.C.R. 235, 2002 SCC 33 (CanLII). Findings of credibility are a part of the fact finding process, and are subject to the same standard of review. The factual findings of the trial judge in this case do not disclose any reviewable error.
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