What is the standard of review on appeals from an order of the judge?
Ontario, Canada
The following excerpt is from Dziver v. Marostica-Wing Developments Ltd., 2007 CanLII 45418 (ON SCDC):
The standard of review on appeals from an order of a judge has been established in Housen v. Nikolaisen (2002), (211) D.L.R. (4th) 577 (S.C.C.). On a question of law the standard is that of correctness. Findings of fact are not to be reversed unless it is established that the judge made a “palpable and overriding error”. Where the issue on appeal involved the judge’s interpretation of the evidence of a whole, the decision should not be overturned absent palpable and overriding error.
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