What is the standard of review for an Assessment Officer to be reviewed by the Court of Appeal?
Ontario, Canada
The following excerpt is from Starkman Barristers v. Cardillo, 2017 ONSC 5530 (CanLII):
Fact finding is the domain of the trier of fact, not of appellate courts. The trier of fact – in this case the Assessment Officer – has had the opportunity to observe witnesses and documents in real time. A reviewing court has not. For this reason, the standard of review is very stringent. I must be satisfied that the Assessment Officer has made one or more palpable and overriding errors: Housen v. Nikolaisen, [2002] SCC 33.
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