What is the effect of a judge’s interpretation of medical evidence?
British Columbia, Canada
The following excerpt is from R. v. O.V., 2015 BCCA 449 (CanLII):
To conclude, in my opinion, the appellant’s complaint is not based on a misapprehension of the evidence at all, but on the judge’s weighing and interpretation of, or inferences from, the evidence. The appellant has not identified any palpable and overriding error in the judge’s interpretation of the medical evidence: Housen v. Nikolaisen, 2002 SCC 33 at para. 25.
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