What are the reasons of a trial judge’s reasons for a finding of fact?

Nova Scotia, Canada


The following excerpt is from Boutilier v. Merrill, 2000 NSCA 149 (CanLII):

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” ... .

Other Questions


What is the test for overturning a finding in a motion where the trial judge's interpretation of the evidence as a whole was wrong? (Nova Scotia, Canada)
Is there any basis to support a finding that the trial judge erred in principle by failing to take into account the impact of a motor vehicle accident on a young motorcyclist with chronic myofascial pain and fibromyalgia? (Nova Scotia, Canada)
What is the test for making findings of fact in a trial? (Nova Scotia, Canada)
What is the correctness standard for determining findings of fact or inferences drawn from the facts? (Nova Scotia, Canada)
Whether a judge is sitting alone or presiding with a jury in a civil matter, whether the judge is a single judge or a jury? (Nova Scotia, Canada)
Is there a difference between a trier of fact and a judge? (Nova Scotia, Canada)
What are the grounds of appeal against the judge's findings with respect to damages? (Nova Scotia, Canada)
What is the test for judicial deference in determining whether a statutory interpretation is reasonable or unreasonable under reasonableness review? (Nova Scotia, Canada)
Can a trial judge impose terms and conditions on an award of custody? (Nova Scotia, Canada)
Does a trial judge have to intervene at the questioning stage to ensure the respondent does not give up solicitor-client privilege? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.