What are the grounds of appeal against the findings of fact, the inferences he drew from the facts, and his assessments of credibility and reliability?
Ontario, Canada
The following excerpt is from Froehlich-Fivey v. Fivey, 2016 ONCA 833 (CanLII):
Taken together, the grounds of appeal challenge the trial judge's findings of fact, the inferences he drew from the facts, and his assessments of credibility and reliability. He gave detailed and coherent reasons for all of these. As Strathy C.J.O observed in Henderson v. Wright, 2016 ONCA 89 (CanLII), [2016] O.J. No. 533, at para. 19: “In such cases, there is almost no possibility of successfully overturning the result.” In my view, the appeal has little if any merit. Does the appellant have insufficient assets in Ontario to cover the costs of the appeal?
"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
In assessing an unreasonable verdict ground of appeal, can an appellant's failure to testify be considered a grounds of appeal? (Ontario, Canada)
When will the court make a finding of fact or finding of not finding fact in a personal injury case? (Ontario, Canada)
What is the standard of review for findings of fact in a motion to appeal against a finding of unlawful imprisonment? (Ontario, Canada)
What is the test for overturning findings of fact or inferred by the Court of Appeal? (Ontario, Canada)
What is the standard of review in a family law case where the trial judge's findings of fact are based on credibility assessments? (Ontario, Canada)
What is the test for appealing on the ground of appeal against a finding that a trial judge committed a palpable and overriding error? (Ontario, Canada)
What is the standard of review for findings of fact or inferences of fact? (Ontario, Canada)
What is the standard of review applied to a judge's findings of fact and mixed fact and law? (Ontario, Canada)
Can a finding of fact and factual inferences drawn by the trial judge be overturned by the appellate court? (Ontario, Canada)
Does a finding of fact made on an interlocutory finding in a separate judicial proceeding engage in issue estoppel in a subsequent proceeding? (Ontario, Canada)
