Is interference justified on the basis that the trial judge misapprehended the evidence?
New Brunswick, Canada
The following excerpt is from Christie v. R., 2013 NBCA 64 (CanLII):
Alternatively, even if the issue at hand involves a question of mixed law and fact, such that deference is owed, interference would still be justified on the basis that the trial judge materially misapprehended the evidence on the issues (see Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235).
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