What is the test for malice in the context of a finding that malice was not proved?
British Columbia, Canada
The following excerpt is from Marion v Louie, 2021 BCSC 424 (CanLII):
Malice is an inference for the finder of fact on proper legal principles. It is a question of mixed fact and law heavily dependent upon the facts. Since it is not alleged in the present case that the judge proceeded on a wrong principle, the finding that malice was not proved must be reviewed on the standard of palpable and overriding error: Housen v. Nikolaisen, 2002 SCC 33 (CanLII), [2002] 2 S.C.R. 235 ¶ 30.
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