What is an "overriding error" in the context of a finding of fact?
British Columbia, Canada
The following excerpt is from Whieldon v British Columbia College of Nurses and Midwives, 2021 BCSC 1648 (CanLII):
An “overriding error” is described at para. 297 of Waxman as follows: An “overriding” error is an error that is sufficiently significant to vitiate the challenged finding of fact. Where the challenged finding of fact is based on a constellation of findings, the conclusion that one or more of those findings is founded on a “palpable” error does not automatically mean that the error is also “overriding”. The appellant must demonstrate that the error goes to the root of the challenged finding of fact such that the fact cannot safely stand in the face of that error: [Schwartz v. Canada, 1996 CanLII 217 (SCC), [1996] 1 S.C.R. 254, at para. 35].
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