Is a trial judge's finding that the respondent knew of the misallocation of funds from a misallocated amount can be reversed?
Ontario, Canada
The following excerpt is from Van Allen v. Vos, 2014 ONCA 552 (CanLII):
The issue of whether the respondent knew of the misallocation is one of fact, and the trial judge’s finding cannot be reversed absent a palpable and overriding error: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, at para. 10. The question of whether the respondent ought to have known of the error is one of mixed fact and law. Such questions lie along a law-fact spectrum. Where a matter is closer to the “fact end” of the spectrum – as it is here – appellate courts should be wary of interfering with a trial judge’s findings absent some extricable error in principle: Housen, at para. 36.
"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
Can an appellate court substitute a trial judge’s findings of fact or mixed findings of law with its own? (Ontario, Canada)
Does the trial judge properly instruct the jury to find that the respondent was in breach of s. 10? (Ontario, Canada)
Is Rule 2.02 of the Rules of Civil Procedure applicable to Respondent Respondents to Respondents Respondents? (Ontario, Canada)
Is there any case law where a trial judge said that mental illness excuse guilt if you find there is guilt? (Ontario, Canada)
What are the grounds on which this court could find that the trial judge erred in exercising their discretion in awarding a costs award? (Ontario, Canada)
Does the trial judge have any authority or authority to find a municipality liable for damages under the Municipal Act, 2001? (Ontario, Canada)
How has the trial judge considered the totality of evidence at trial for impaired driving? (Ontario, Canada)
In what circumstances will a judge in a sexual assault case be found to have objected to the words of the Judge at the trial of the accused? (Ontario, Canada)
Is the order of a trial judge dispensing with a jury during the course of the trial consistently treated as an exercise of the exercise of his discretion? (Ontario, Canada)
Is there any reversible error in a motion finding that there is no genuine issue requiring a trial? (Ontario, Canada)
