What is the test for reversing findings of fact made by a judge?
Saskatchewan, Canada
The following excerpt is from Smith v Sabben, 2011 SKCA 145 (CanLII):
Most of the issues raised by the appellant deal with findings of fact made by the trial judge. The appellant properly concedes such findings should only be reversed when it is established the trial judge made a “palpable and overriding error” (see: H.L. v. Canada (Attorney General), 2005 SCC 25, [2005] 1 S.C.R. 401 and Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235).
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