What is the test for reversing findings of fact based on credibility of witnesses?
Saskatchewan, Canada
The following excerpt is from Richardson v Hancock, 2013 SKQB 90 (CanLII):
This Court has no power under this section to rehear or retry a case; it is limited to correcting errors of law and reversing unreasonable findings of fact. Findings of fact based on the credibility of witnesses are not to be reversed unless the trial judge made some palpable and overriding error which affected his assessment of the facts. The trial judge is in a privileged position as a trier of fact because he has the benefit of seeing and hearing the witnesses: Lensen v. Lensen, 1987 CanLII 4 (SCC), [1987] 2 S.C.R. 672; [1988] 1 W.W.R. 481; 79 N.R. 334; 64 Sask.R. 6.
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