What is the standard of review for findings of fact in the conjunctive or disjunctive?

British Columbia, Canada


The following excerpt is from Varty & Company v. Camp, 2017 BCCA 369 (CanLII):

I note that properly stated, the phrase is conjunctive not disjunctive; that is, the standard of review for findings of fact is “palpable and overriding error”: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235.

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