What is the test for reversing findings of fact in a motion of appeal?
British Columbia, Canada
The following excerpt is from R. v. Van De Graaf, 2014 BCSC 626 (CanLII):
Findings of fact are to receive a high level of deference by appeal courts and are only reversible if it is found that the trial judge made a “palpable and overriding error”: Housen v. Nikolaisen, 2002 SCC 33 at para. 10.
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