What is the standard of review for findings of fact in a sexual assault case?
British Columbia, Canada
The following excerpt is from R. v Ruffell, 2019 BCSC 1595 (CanLII):
The appellant’s contentions that the trial judge misapprehended evidence and engaged in a flawed credibility assessment are an attack on her findings of fact. The standard of review for findings of fact is that such findings are not to be interfered with unless it can be established that the trial judge made a palpable and overriding error or made findings of fact that are clearly wrong, unreasonable or unsupported by the evidence: Housen v. Nikolaisen, 2002 SCC 33 at para. 10: H.L. v. Canada (Attorney General), 2005 SCC 25 at para. 89.
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