What is the test for overturning a finding in a motion where the trial judge's interpretation of the evidence as a whole was wrong?
Nova Scotia, Canada
The following excerpt is from R. v. Hatfield, 2015 NSSC 77 (CanLII):
The general rule as expressed in Jaegli Enterprises Limited v. Taylor, 1981 CanLII 26 (SCC), [1981] 2 S.C.R. 2 is that the trial judge’s interpretation of the evidence as a whole should not be overturned absent palpable and overriding error or a plainly wrong finding.
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