What is the test for appellate judges to overturn findings of fact based upon credibility of witnesses?
Alberta, Canada
The following excerpt is from Stochinsky v. Chetner (Estate of), 2003 ABCA 226 (CanLII):
Where a trial judge has made findings of fact based upon credibility of witnesses, an appellate court is not to intervene unless it can be established the trial judge made some palpable and overriding error which affected his assessment of the facts: Lensen v. Lensen, 1987 CanLII 4 (SCC), [1987] 2 S.C.R. 672.
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