What is the standard of review for findings of credibility?
British Columbia, Canada
The following excerpt is from Hua v. Optimum West Insurance Co., 2005 BCCA 123 (CanLII):
Findings of credibility are often the result of inferences drawn by the trier of fact. In Housen v. Nikolaisen, [2002] 2 S.C.R. 235, 2002 SCC 33 [cited to S.C.R.], the majority judgment (at para. 19), holds that the standard of review for inferences of fact is the same standard as that applied to the review of other factual determinations; that is, in order for an appeal to succeed, the appellant must demonstrate that the trial judge made a palpable and overriding error in respect to the facts in issue.
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