Does the Court of Appeal judge have any error or error in giving undue weight to a video evidence?
British Columbia, Canada
The following excerpt is from C. W. v W. B, 2021 BCSC 1657 (CanLII):
While I agree with the respondent that there is no indication that the trial judge placed unreasonable weight on the video, the weight to be given to evidence is within the domain of the trial judge, not the appeal judge: Struck v. Struck, 2003 BCCA 623 at para. 53. Accordingly, I find no error.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of review under s. 59(1) of the Rules of Appeal Court of Appeal for a motion of appeal against the decision of a judge on a question of mixed fact and law? (British Columbia, Canada)
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
Is there any material error for the court to place any weight on evidence that the relocating parent would not move without the child? (British Columbia, Canada)
What is the test for admitting fresh evidence at the Court of Appeal of Appeal in a sexual assault case? (British Columbia, Canada)
What is a judge’s role as an appellate judge to second-guess the weight of evidence? (British Columbia, Canada)
Can a court of appeal interfere with a trial judge's conclusions on viva voce evidence? (British Columbia, Canada)
Does a decision of appeal from a master be appealed from the Court of Appeal of the Master? (British Columbia, Canada)
What are the grounds for appeal against a decision by a judge at the Court of Appeal to overturn a support order? (British Columbia, Canada)
What is the case law in favour of the Court of Appeal in the case of the Supreme Court of Canada's most senior judge in the matter of personal injury? (British Columbia, Canada)
In what circumstances will the Supreme Court in BCSC 871 interpret the principles of the Court of Appeal in the context of the Canadian Court of Justice's decision on the doctrine of common law? (British Columbia, Canada)
