What is the test for appeal against a finding that a judge committed a “palpable and overriding error” on the basis of error?
New Brunswick, Canada
The following excerpt is from Baisley v. R., 2015 NBQB 33 (CanLII):
The first ground of appeal is an issue which required the trial judge to apply legal principles to a determined set of facts. It should be characterized as a question of mixed law and fact. In my view, it involved the trial judge’s interpretation of the evidence as a whole and therefore the test is whether the judge committed a “palpable and overriding error” (Housen v. Nikolaisen, supra, at para. 36).
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