What is the test for an error of fact on appeal?

British Columbia, Canada


The following excerpt is from R. v Bruehl, 2018 BCSC 1019 (CanLII):

An error of fact on appeal requires demonstrating a “palpable and overriding error”, which, in other words, is “plainly seen”: Housen v. Nikolaisen, 2002 SCC 33 at paras. 6, 10.

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