Can an appellate court substitute a trial judge’s findings of fact or mixed findings of law with its own?
Ontario, Canada
The following excerpt is from Carola v. Simpson, 2020 ONSC 183 (CanLII):
An appellate court cannot substitute the trial judge’s findings of fact or mixed findings of fact and law with its own unless the trial judge made a palpable and overriding error, or some extricable error in principle “with respect to the characterization of the [legal] standard or its application, in which case the error may amount to an error in law”: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 23, at para. 37.
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