What is the standard of review for findings of fact?

Ontario, Canada


The following excerpt is from Farmer v. Farmer, 2021 ONSC 5913 (CanLII):

The standard of review for findings of fact is that they are not to be reversed unless the arbitrator made a “palpable and overriding error”. That means an error that is “clear to the mind or plain to see”, and one which affected or “discret[ed]” the result. See Housen v. Nikolaisen6, 10, 16-18. See also L. (H.) v. Canada (Attorney General), 2005 SCC 2556, 69.

Other Questions


What is the standard of review applied to a judge's findings of fact and mixed fact and law? (Ontario, Canada)
What is the legal test for applying palpable and overriding error standard in appellate review of findings of fact and of mixed fact and law? (Ontario, Canada)
What is the standard of review for findings of fact in a motion to appeal against a finding of unlawful imprisonment? (Ontario, Canada)
When will the court make a finding of fact or finding of not finding fact in a personal injury case? (Ontario, Canada)
What is the standard of review for findings of fact or inferences of fact? (Ontario, Canada)
What is the standard of review for findings of fact by judges? (Ontario, Canada)
What is the standard of review for an appeal court to interfere with findings of fact? (Ontario, Canada)
What is the standard of review for findings of fact in a personal injury case? (Ontario, Canada)
What is the standard of review of findings of fact? (Ontario, Canada)
What is the standard of review of a trial judge’s findings of fact? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.