What is the standard of review in a refusal breathalyzer case?
Manitoba, Canada
The following excerpt is from R. v. Cole, 2011 MBQB 221 (CanLII):
Counsel agree that, if the unreasonable verdict is said to have resulted from the trial judge making an error in a finding of fact or inference of fact, the standard of review is one of palpable and overriding error (Housen v. Nikolaisen, 2002 SCC 33, [2002] S.C.J. No. 31). Refuse Breathalyzer
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