What grounds of appeal have been established against the factual finding in a motion of appeal?
Nova Scotia, Canada
The following excerpt is from Morrissey v Morrissey Estate, 2018 NSCA 96 (CanLII):
This ground of appeal attacks the judge’s factual finding. Given the trial judge’s obvious advantage of seeing the trial unfold, this understandably commands deference. Short of palpable and overriding error, we will not interfere. See Housen v. Nikolaisen, 2002 SCC 33.
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