Can a summary trial judge draw conclusions without evidence?
British Columbia, Canada
The following excerpt is from Beck v. Johnston, Meier Insurance Agencies Ltd., 2011 BCCA 250 (CanLII):
The appellant contends that these conclusions were drawn by the summary trial judge without evidence to support them. The summary trial judge’s findings that the appellant complains about are inferences that she drew from the evidence before her, and they are thus entitled to review on the same standard as findings of fact; a standard of palpable and overriding error: see Housen v. Nikolaisen, 2002 SCC 33 at para. 25.
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