What is the test for a finding of fact under section 6 of the Negligence Act?
British Columbia, Canada
The following excerpt is from Bedwell v. McGill, 2008 BCCA 6 (CanLII):
Section 6 of the Negligence Act reads as follows: In every action the amount of damage or loss, the fault, if any, and the degrees of fault are questions of fact. Generally speaking, an appellate court will only interfere with a finding of fact made by a trial judge if there was a palpable and overriding error: see Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235 at para. 10.
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