Is a palpable and overriding error that affected the result?
Ontario, Canada
The following excerpt is from Wu v. Adler, 2022 ONSC 188 (CanLII):
A palpable and overriding error is an error that can be plainly seen and that affected the result. “The same proposition is sometimes stated as prohibiting an appellate court from reviewing a trial judge’s decision, if there was some evidence upon which he or she could have relied to reach that conclusion”: Housen v. Nikolaisen, 2002 SCC 33, at para. 1. Reasons of the trial judge
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