Is "no evidence" sufficient to constitute an error of law?
Alberta, Canada
The following excerpt is from Woodward Stores (Westmount) Limited v. Alberta (Assessment Appeal Board Division No. 1), 1976 CanLII 323 (AB QB):
Treating "no evidence" as constituting an error of law is in accord with English authority. Thus, in Davies v. Price, [1958] 1 W.L.R. 434, [1958] 1 All E.R. 671 at 676, Parker L.J. said: "… if it … acted on no evidence, it merely erred in law and unless that error is manifest on the face of the award, the decision cannot be challenged on proceedings for an order of certiorari."
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