Is there any case law where a trial judge made a material error?
Newfoundland and Labrador, Canada
The following excerpt is from F.F.R. v. K.F., 2013 NLCA 8 (CanLII):
The appellant also submits that, while the trial judge may not have made a material error nor had a serious misapprehension in his assessment of the evidence, he did not afford the appropriate weight to the appellant’s evidence, and inappropriately gave greater weight to the respondent’s evidence. I agree with the respondent’s submission at paragraph 12 of her factum that this underlying argument is similar to that made in Cox v. Brady, 2002 NFCA 27, 212 Nfld. & P.E.I.R. 1. In that case Wells C.J.N. stated:
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