Does the Court of Appeal have any authority to interfere with the factual findings of the trier of fact in a civil case?
Ontario, Canada
The following excerpt is from Liuni (Guardian of) v. Peters, 2001 CanLII 5153 (ON CA):
It is well accepted that in civil cases, appellate courts will not interfere with the factual findings of the trier of fact “unless it can be established that the learned trial judge made some palpable and overriding error which affected his assessment of the facts”. See Stein v. The Ship “Kathy K”, 1975 CanLII 146 (SCC), [1976] 2 S.C.R. 802 at 808.
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