What is the test for replacing an opinion of a trial judge with one of its own?

Prince Edward Island, Canada


The following excerpt is from Prince Edward Island (Director of Child Welfare) v. A.H., 2009 PECA 19 (CanLII):

Where an error of law has occurred, the basic rule is that an appellate court is free to replace the opinion of the trial judge with its own (Housen v. Nikolaisen 2002 SCC 33, ¶8). • The decision under appeal

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