What is the effect of a judge’s comments on the March Break?

I will consider the first, second and fourth items together. The only evidence of what the child actually did during that March Break, of the respondent being informed that court dates for supervision orders must be in five days, and of the respondent being denied a support person at a conference is all found in the case notes that the judge implicitly rejected and promised not to consider. In my view, the judge only commented on these matters. If, as the appellant argues, the judge’s comments actually constitute findings of fact, these are errors which would be obvious and palpable, and overriding in that they are “determinative in the assessment of the balance of probabilities with respect to that factual issue” (Fralick v. Dauphinee, 2003 NSCA 128 at ¶19).