What is the standard of review for a motion to overturn a finding of not guilty?

Nova Scotia, Canada


The following excerpt is from Canadian Kawasaki Motors Inc. v. Freedom Cycle Inc., 2006 NSSC 347 (CanLII):

With respect to the standard of review the appellant relies on Stein v. Kathy K. (The), 1975 CanLII 146 (SCC), [1976] 2 S.C.R. 802, where the court found that the findings of fact made at trial are not to be reversed “unless it can be established that the learned trial judge made some palpable and overriding error which affected his assessment of the facts” yet found it is not the function of the reviewing court to substitute its assessment of the balance of probability for the findings of the judge who presided at trial. In Stein, the court was a court of record.

Other Questions


What is the test for overturning a finding in a motion where the trial judge's interpretation of the evidence as a whole was wrong? (Nova Scotia, Canada)
What is the standard of review for a motion where a claim has been found to be in breach of the law? (Nova Scotia, Canada)
What is the standard of review for a review of a decision made pursuant to the Environment Act? (Nova Scotia, Canada)
What is the standard of review applied by the Court of Appeal to overturn a wife's award for spousal support? (Nova Scotia, Canada)
What are the implications of a deferential standard of review for a factual or mixed fact and law decision? (Nova Scotia, Canada)
Does the Dunsmuir analysis change the standard of review? (Nova Scotia, Canada)
What is the standard of review in the context of a worker’s compensation appeal? (Nova Scotia, Canada)
What is the standard of review of a decision of a statutory tribunal? (Nova Scotia, Canada)
What is the standard of review analysis in a case of procedural unfairness? (Nova Scotia, Canada)
What is the test for a motion of appeal against a finding that a parent has not met his/her burden? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.