What is an "overriding error" in a finding of fact?
Ontario, Canada
The following excerpt is from GURUNG v. NOSTCO CONSTRUCTION, 2018 ONSC 6303 (CanLII):
An "overriding" error is an error that goes to the root of the challenged finding of fact such that the fact cannot safely stand in the face of that error. See: Schwartz v. Canada, 1996 CanLII 217 (SCC), [1996] 1 S.C.R. 254 at 281[5]. Where the challenged finding of fact is based on a constellation of findings, the conclusion that one or more of those findings is founded on a "palpable" error does not automatically mean that the error is also "overriding".
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