What is the test for appeal against a finding that a motor vehicle is not a vehicle?
Saskatchewan, Canada
The following excerpt is from Greenfield v. R., 2011 SKQB 172 (CanLII):
In the circumstances, I am of the opinion that the appeal must fail. The appeal turns essentially on a question of whether or not the vehicle in question is a motor vehicle and I cannot interfere, unless the trial judge made “some palpable and overriding error which affected his assessment of the facts” (see Lensen v. Lensen, 1987 CanLII 4 (SCC), [1987] 2 S.C.R. 672). No such error has been demonstrated and accordingly, I cannot interfere with the trial judge’s finding of fact.
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