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.]. . . .

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