What is an overriding error in a finding of fact?
Ontario, Canada
The following excerpt is from Dhaliwal v. Coseco, 2014 ONSC 6679 (CanLII):
An overriding error is one that one that “goes to the root of the challenged finding of fact such that the fact cannot safely stand in the face of that error: Schwartz v. Canada, 1996 CanLII 217 (SCC), [1996] 1 S.C.R. 254, [1996] S.C.J. No. 15, at 28, this applies to all factual findings whether based on credibility assessments, the weighing of competing evidence, expert evidence, or the drawing of inference from primary facts. This court cannot retry any aspect of this case”: See Waxman at paras. 296-97.
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