What is the legal test for applying palpable and overriding error standard in appellate review of findings of fact and of mixed fact and law?

Ontario, Canada


The following excerpt is from General Motors Acceptance Corporation of Canada, Limited v. Town and Country Chrysler Limited, 2007 ONCA 904 (CanLII):

The underlying reasons for applying a palpable and overriding error standard in appellate review of findings of fact and of mixed fact and law were exhaustively reviewed by the majority in Housen. These reasons include: (i) the trial judge is in the better position to assess witnesses' credibility at trial; (ii) unlimited intervention by appellate courts would greatly increase the number and length of trials generally; (iii) substantial resources are allocated to the trial courts' process of assessing facts; (iv) it is important to preserve the autonomy and integrity of the trial process by deferring to a trial judge's finding of facts. See Housen at paras. 12 and 13. See also Schwartz v. Canada, 1996 CanLII 217 (SCC), [1996] 1 S.C.R. 254, [1996] S.C.J. No. 15, at para. 32. [page676]

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