Can a motion judge reverse a finding of fact?
Prince Edward Island, Canada
The following excerpt is from RBC v MJL Enterprises & Ors., 2017 PECA 10 (CanLII):
A motions judge's findings of fact are due deference and ought not to be reversed absent a palpable and overriding error. A palpable and overriding error which affects the decision includes making a finding a fact in the absence of evidence, making a finding of fact that is contrary to the evidence, and making a finding of fact that is so unreasonable that nothing the trial judge could have gleaned from the record could support it (Lanigan v. PEITF, 2017 PECA 3, at para.28).
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