What is the vitiating error of a judge?
Saskatchewan, Canada
The following excerpt is from Hlynski v. Hlynski, 1999 CanLII 12299 (SK CA):
Vitiating error may be found, for example, in the judge having failed to act upon a material consideration, or having acted upon some extraneous consideration. It may also be found in the findings of fact; or in the identification or construction of a governing rule or principle or provision of the law; or in the application of the law to the facts. Looking for error of this nature is what appellate review initially entails, and only if some such error be found will this court move beyond the decision of the judge and determine the matter as it sees fit: Benson v. Benson (cited earlier).
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