Does the Court of Appeal have any authority to interfere with a trial judge’s findings of fact based conclusions drawn from conflicting testimony of expert witnesses?

Newfoundland and Labrador, Canada


The following excerpt is from Cole v. McLoughlin, 2003 NLCA 3 (CanLII):

This statement must be read in light of McLachlin J.’s comment in Toneguzzo-Norvell v. Burnaby Hospital, supra, at page 122: I agree that the principle of non-intervention of a Court of Appeal in a trial judge’s findings of facts does not apply with the same force to inferences drawn from conflicting testimony of expert witnesses where the credibility of these witnesses is not in issue. This does not however change the fact that the weight to be assigned to the various pieces of evidence is under our trial system essentially the province of the trier of fact, in this case the trial judge.

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