Can a judge interfere with a trial judge's findings of fact?

British Columbia, Canada


The following excerpt is from R. v. Gibson, 2010 BCCA 291 (CanLII):

This Court does not have the ability to interfere with the trial judge’s findings of fact in the absence of palpable and overriding error (Housen v. Nikolaisen). The trial judge’s findings in this case were supported by the evidence, and she did not fall into such error.

Other Questions


Can a summary trial judge make a finding that a matter is not suitable for disposition by way of summary trial during the hearing of the summary trial? (British Columbia, Canada)
What is the test for a finding that a judge must not make a finding which would directly contradict a finding previously made by another judge? (British Columbia, Canada)
How much deference does the Court give to the trial judge's findings of fact and credibility? (British Columbia, Canada)
What is the test for deference to a trial judge's findings of fact? (British Columbia, Canada)
What is the test for determining whether a trial judge's findings and conclusions of fact have been shown to be wrong? (British Columbia, Canada)
Is a trial judge's failure to give reasons sufficient to determine that the trial judge erred in appreciation of a relevant issue or application of the evidence? (British Columbia, Canada)
What is the test for judicial review of the findings of the Disability Review Officer's findings of fact, law or mixed fact and law? (British Columbia, Canada)
What is the standard of review for a trial judge’s findings of fact? (British Columbia, Canada)
What is the standard of review of a trial judge's findings of fact on appeal? (British Columbia, Canada)
What is the standard of appellate review of a trial judge's findings of fact? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.