What is the test for an "overriding error" in a finding of fact?
Nova Scotia, Canada
The following excerpt is from Mason v. Partridge, 2005 NSCA 144 (CanLII):
An "overriding" error is an error that is sufficiently significant to vitiate the challenged finding of fact. Where the challenged finding of fact is based on a constellation of findings, the conclusion that one or more of those findings is founded on a "palpable" error does not automatically mean that the error is also "overriding". The appellant must demonstrate that the error goes to the root of the challenged finding of fact such that the fact cannot safely stand in the face of that error: Minister of National Revenue v. Schwartz, 1996 CanLII 217 (SCC), [1996] 1 S.C.R. 254; 193 N.R. 241 at 281 [S.C.R.]. . . .
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the palpable and overriding error by a judge on appeal against a finding of palpable error? (Nova Scotia, Canada)
What is the correctness standard for determining findings of fact or inferences drawn from the facts? (Nova Scotia, Canada)
Can a finding of fact "could have created a latent defect" create a legal leverage to void a purchase agreement? (Nova Scotia, Canada)
Is it inappropriate for this court to make findings of fact with regard to American law without expert evidence? (Nova Scotia, Canada)
What is the test for making findings of fact in a trial? (Nova Scotia, Canada)
What is the test for an adjudicator's findings of fact? (Nova Scotia, Canada)
What is the palpable and overriding error of a judge on appeal? (Nova Scotia, Canada)
Is a question of mixed fact and law a pure question of fact or law? (Nova Scotia, Canada)
What is the palpable and overriding error of a judge at the Court of Appeal? (Nova Scotia, Canada)
What is the effect of issue estoppel on findings of fact made by an administrative body acting within its jurisdiction? (Nova Scotia, Canada)
