What is the scope of appellate review on findings of fact made by a trial judge?
Ontario, Canada
The following excerpt is from R. v. McNeill, 2019 ONSC 487 (CanLII):
The scope of appellate review on findings of fact made by a trial judge is very narrow. Findings of fact are not to be reversed unless it can be established that the trial judge made a “palpable and overriding error”. See Housen v. Nikolaisen, 2002 SCC 33 (CanLII), [2002] 2 S.C.R. 235. The standard of review on a question of law is correctness.
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