What is the test for an appeal against a finding that a judge made a palpable and overriding error in his assessment of the facts?
Saskatchewan, Canada
The following excerpt is from R. v. Gardner, 2009 SKQB 88 (CanLII):
I am of the opinion that the appeal must fail. The appeal is based upon questions of fact and I cannot overturn the decision of the learned trial judge unless I find the judge made “some palpable and overriding error which affected his assessment of the facts”. (Lensen v. Lensen, 1987 CanLII 4 (SCC), [1987] 2 S.C.R. 672).
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