What is the test for determining whether a trial judge has made a palpable and overriding error?
British Columbia, Canada
The following excerpt is from R. v. Mitchell, 2018 BCCA 52 (CanLII):
On matters of fact, the question is whether the trial judge has made a palpable and overriding error: Housen v. Nikolaisen, 2002 SCC 33. This test may be met where the trial judge is found to have made unreasonable findings of fact or findings unsupported by the evidence: H.L. v. Canada (Attorney General), 2005 SCC 25 at paras. 55–56.
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