What is the standard of review applied to a judgment in a personal injury trial?
British Columbia, Canada
The following excerpt is from Xu v. Chu, 2019 BCCA 414 (CanLII):
The standards of review applied to trial judgments, generally, are set out in Housen v. Nikolaisen, 2002 SCC 33. Questions of law attract a standard of correctness (at para. 8). Findings of fact are only set aside when they are shown to be palpably wrong and to have affected the outcome (paras. 10 and 25). Findings of mixed fact and law attract a palpable and overriding error standard, unless they involve an extricable legal question, at which point the correctness standard is engaged (para. 36).
In the family law context, significant deference is given to support orders. These orders will not be overturned unless the judge’s reasons disclose an error in principle, significant misapprehension of the evidence, or the award is clearly wrong: Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518 at paras. 11–12.
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