Is an overriding error sufficient to invalidate a claim?

This Court in Ross Estate v. Hiscock, 2007 NLCA 2, 262 Nfld. & P.E.I.R. 343 at para. 14, described an overriding error as one which is significant; that is it must be an error that goes not just to the periphery but to the root of the challenged finding of fact, such that the fact cannot remain, survive, or “stand”. … An overriding error is one that “is sufficiently significant to vitiate the challenged finding of fact. … The appellant must demonstrate that the error goes to the root of the challenged finding of fact such that the fact cannot safely stand in the face of that error” [citations omitted] …