What is the test for reversing findings of fact based on credibility of witnesses?
Saskatchewan, Canada
The following excerpt is from Richardson v Hancock, 2013 SKQB 90 (CanLII):
This Court has no power under this section to rehear or retry a case; it is limited to correcting errors of law and reversing unreasonable findings of fact. Findings of fact based on the credibility of witnesses are not to be reversed unless the trial judge made some palpable and overriding error which affected his assessment of the facts. The trial judge is in a privileged position as a trier of fact because he has the benefit of seeing and hearing the witnesses: Lensen v. Lensen, 1987 CanLII 4 (SCC), [1987] 2 S.C.R. 672; [1988] 1 W.W.R. 481; 79 N.R. 334; 64 Sask.R. 6.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a finding of fact be reversed if the finding was based on a palpable and overriding error? (Saskatchewan, Canada)
What is the test for reversing findings of fact? (Saskatchewan, Canada)
What are the consequences of a trial judge’s failure to spell out every consideration leading to a finding of credibility? (Saskatchewan, Canada)
What is the test for reversing findings of fact made by a judge? (Saskatchewan, Canada)
What are the findings of credibility of the learned trial judge in an appeal? (Saskatchewan, Canada)
In what circumstances will a judge at the Court of Appeal accept responsibility for differing as to the credibility of the witnesses at the Appeal Court? (Saskatchewan, Canada)
Can a witness be compelled to leave the witness stand and inform himself on matters which he had no knowledge? (Saskatchewan, Canada)
What is the test for deference under section 14 of the Criminal Code in cases where the credibility of witnesses has been questioned? (Saskatchewan, Canada)
What is the legal test for intervenation by the Court of Appeal in findings of fact by a trial judge? (Saskatchewan, Canada)
What authority has been followed in determining whether or not a witness who was a member of the legislature can testify as to statements made by a minister when introducing the bill? (Saskatchewan, Canada)
