What is the test for determining whether an error was made in an assessment of the balance of probabilities?
British Columbia, Canada
The following excerpt is from iAnthus Capital Holdings, Inc. v., 2021 BCCA 48 (CanLII):
The issue then becomes whether the error was overriding. An overriding error is one that is “determinative in the assessment of the balance of probabilities with respect to that factual issue”: Schwartz v. Canada, 1996 CanLII 217 (SCC), [1996] 1 S.C.R. 254 at para. 35.
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