What is the test for appeal against findings of fact?
British Columbia, Canada
The following excerpt is from Johnstone v. Rogic, 2019 BCCA 469 (CanLII):
At its core this is an appeal of findings of fact, and absent a palpable and overriding error, findings of fact cannot be overturned: Housen v. Nikolaisen, 2002 SCC 33.
A palpable error has been described as one that “is in the nature not of a needle in a haystack, but of a beam in the eye”, and an overriding error as one that is determinative of the outcome of the case: Salomon v. Matte‑Thompson, 2019 SCC 14 at para. 33, quoting J.G. v. Nadeau, 2016 QCCA 167 at para. 77.
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