In order to consider this submission, it is necessary to review the relevant portions of the trial judge’s reasons in detail. Before doing so, I note that not every factual error by a trial judge will result in appellate intervention. As Lamer, C.J.C. said in Delgamuuk v. British Columbia, 1997 CanLII 302 (SCC), [1997] 3 S.C.R. 1010 at § 88: ... it is important to understand that even when a trial judge has erred in making a finding of fact, appellate intervention does not proceed automatically. The error must be sufficiently serious that it was “overriding and determinative in the assessment of the balance of probabilities with respect to that factual issue” ... .
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