Is a trial judge's finding that the respondent knew of the misallocation of funds from a misallocated amount can be reversed?

Ontario, Canada


The following excerpt is from Van Allen v. Vos, 2014 ONCA 552 (CanLII):

The issue of whether the respondent knew of the misallocation is one of fact, and the trial judge’s finding cannot be reversed absent a palpable and overriding error: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, at para. 10. The question of whether the respondent ought to have known of the error is one of mixed fact and law. Such questions lie along a law-fact spectrum. Where a matter is closer to the “fact end” of the spectrum – as it is here – appellate courts should be wary of interfering with a trial judge’s findings absent some extricable error in principle: Housen, at para. 36.

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