What are the grounds for review of a judge's fact finding on the basis of a trust?
Alberta, Canada
The following excerpt is from Yellowbird v. Samson Cree Nation No. 444, 2008 ABCA 270 (CanLII):
The first issue involves a review of the trial judge’s fact finding to determine whether the facts support the existence of a trust. It is reviewable on the palpable and overriding error standard: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235 at paras. 10, 25. The second and third grounds involve issues of law, to be reviewed on the correctness standard: Housen at para. 8.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of review of a finding of fact by a judge at the Court of Appeal? (Alberta, Canada)
What is the standard of review applied by the reviewing judge in an administrative law case? (Alberta, Canada)
In what circumstances will a court award costs on an indemnity basis or solicitor-client basis rather than party-party basis? (Alberta, Canada)
What is the standard of review on factual findings of an administrative tribunal? (Alberta, Canada)
What is the standard of review under appeal law and what is the scope of review? (Alberta, Canada)
Does a finding of a constructive trust as a remedy retroactively impose a trustee - beneficiary relationship between parties? (Alberta, Canada)
What is the test for finding discrimination on the basis of allegations that conduct is racially motivated? (Alberta, Canada)
In what circumstances will a court order increased costs on the basis of the importance of the environmental review application? (Alberta, Canada)
What is the standard of review for findings of credibility in a civil matter? (Alberta, Canada)
Is a client’s instructions not to obey trust conditions an excuse for breach of trust conditions? (Alberta, Canada)
