When is a finding of fact not remanded?
British Columbia, Canada
The following excerpt is from R & J Siever Holdings Ltd. v. Moldenhauer, 2008 BCCA 59 (CanLII):
Counsel for the appellant asked us, in the alternative, to make the necessary finding and to make it in favour of his client. Although it is not often invoked, appellate courts have the power to assess the evidence and to make findings of fact rather than to remit for a new hearing when it is both feasible to do so and within the interests of justice: see Madsen Estate v. Saylor, [2007] 1 S.C.R. 838, 2007 SCC 18 ¶ 24. If all the relevant evidence that might reasonably be expected to be available on the question were before us in the record, we might have entertained this request. However, in the circumstances, it is our view that we should not exercise the power to make a finding of fact on the question.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a finding that a judge must not make a finding which would directly contradict a finding previously made by another judge? (British Columbia, Canada)
What is the test for malicious intent in the context of an appeal against the findings of a finding of malicious intent? (British Columbia, Canada)
In what circumstances will a judge relitigate a finding in a motion where the original finding was invalid? (British Columbia, Canada)
What is the test for judicial review of the findings of the Disability Review Officer's findings of fact, law or mixed fact and law? (British Columbia, Canada)
How have the courts interpreted the findings of an inquiry committee in a finding of negligence? (British Columbia, Canada)
What is the effect of a finding of no misconduct in a professional conduct review panel finding no misconduct? (British Columbia, Canada)
What is the test for finding a child guilty of contributory negligence in a motor vehicle accident? (British Columbia, Canada)
In what circumstances will a court review a finding made by an administrative tribunal? (British Columbia, Canada)
Is there any case law in which a trial judge was wrong in finding that a plaintiff was not entitled to be held liable for sexual assault? (British Columbia, Canada)
What is the test for finding nuisance in a residential property? (British Columbia, Canada)
