What is the standard of review for errors attributed to a trial judge?
New Brunswick, Canada
The following excerpt is from Mollins v. R., 2011 NBCA 62 (CanLII):
Except for ground 5, the errors attributed to the trial judge can be characterized as questions of fact (the factual findings made by a judge or the inferences drawn by a judge from the facts), or as questions of mixed fact and law (the application of a legal standard to a particular set of facts). Leave to appeal is therefore required for grounds 1, 2, 3, 4, 6 and 7: pursuant to s. 675(1)(a)(ii) of the Criminal Code. The applicable standard of review for these grounds is that of palpable and overriding error (see Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235).
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