What is the standard of appellate review on findings of fact?
New Brunswick, Canada
The following excerpt is from Downey v. R, 2015 NBCA 25 (CanLII):
The trial judge drew inferences from the evidence and made findings of fact. Inferences are conclusions drawn from facts. The standard of appellate review on findings of fact is palpable and overriding error. From the evidence, I conclude the trial judge made no palpable and overriding error in drawing inferences from the facts: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, at paras. 10 and 19.
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