Can a finding of fact be reversed if the finding was based on a palpable and overriding error?
Saskatchewan, Canada
The following excerpt is from R. v. Frehlich, 2007 SKQB 26 (CanLII):
Findings of fact, however, are only reversible if the trial judge’s assessment of the facts were affected by him or her having made a palpable and overriding error: Lensen v. Lensen, 1987 CanLII 4 (SCC), [1987] 2 S.C.R. 672 at 683.
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