What is the test for overturning findings of fact or inferred by the Court of Appeal?
Ontario, Canada
The following excerpt is from Elliott v. Rousseau, 2007 CanLII 16629 (ON SCDC):
Appellate Courts are not to review findings of fact, either primary or inferred by asking whether, on the totality of the record, those findings are reasonable. Rather, such findings may be overturned if the trial judge made a palpable and overriding error. See Housen v. Nikolaisen, [2002] 2 S.C.R. 245 at 248-250 and 254-256.
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