What is the test for an appellate tribunal to substitute its own opinion for that of the trier of fact?
Saskatchewan, Canada
The following excerpt is from Trudelle (Litigation Guardian of) v. Saskatchewan Hockey Assn. Inc., 2003 SKQB 126 (CanLII):
The principal policy basis for the rule that an appellate tribunal, in the absence of palpable and overriding error, cannot substitute its own opinion for that of the trier of fact, is that the trier of fact is in a privileged position to assess the credibility of the testimony of witnesses: Schwartz v. Canada, 1996 CanLII 217 (SCC), [1996] 1 S.C.R. 254.
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