Can a finding of fact be reviewed for palpable and overriding error?
Alberta, Canada
The following excerpt is from R. v. Korol, 2005 ABQB 146 (CanLII):
The issues before me involve questions of mixed fact and law. Questions of mixed fact and law involve a trial judge applying legal standards to a set of facts. Where the trial judge was interpreting the law his decision can be reviewed on a standard of correctness. Where the trial judge was making findings of fact the decision can only be reviewed for palpable and overriding error: Housen v. Nikolaisen, [2002] 2 S.C.R. 235, 2002 SCC 33.
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