What is the test for an appeal against the findings and conclusions of a jury in a sexual assault case?

British Columbia, Canada


The following excerpt is from McArthur v. Hudson, 2013 BCCA 375 (CanLII):

These are factual issues, and this Court must approach the trial judge’s findings and inferences of fact with a high degree of deference, and may not interfere merely because we take a different view of the evidence. Instead, the appellant must establish that the trial judge made a palpable and overriding error in her factual conclusions, or in the inferences she drew from those conclusions: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235 at paras. 21, 23-25.

Other Questions


What is the effect of discretion of the Court of Appeal in dealing with allegations of sexual assault in a sexual assault case? (British Columbia, Canada)
Is there any case law in the context of sexual assault cases where there is no evidence of physical harm or sexual assault? (British Columbia, Canada)
What is the test for admitting or denying an allegation of sexual assault in a sexual assault case? (British Columbia, Canada)
What is the test for a reversal of a finding by the Court of Appeal in a sexual assault case? (British Columbia, Canada)
What is the case law on the exclusion of evidence of sexual assault and sexual assault in criminal proceedings? (British Columbia, Canada)
What is the test for admitting fresh evidence at the Court of Appeal of Appeal in a sexual assault case? (British Columbia, Canada)
What is the test for reversing a finding of fact in a sexual assault case? (British Columbia, Canada)
How have courts in Canada treated the issue of sexual harassment in the context of sexual assault cases? (British Columbia, Canada)
In a Workers’s Compensation Appeal Tribunal case, is there any case law that supports the argument that there is no case law in favour of a claim under the Employment Benefits Act? (British Columbia, Canada)
What are the issues on appeal for a judge's assessment of credibility in a sexual assault case? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.