What is the test for making findings of fact in a trial?
Nova Scotia, Canada
The following excerpt is from R. v. Derbyshire, 2016 NSCA 67 (CanLII):
However, not everything that goes into deciding a question of law attracts such a standard. Trial judges are frequently required to make findings of fact that inform the ultimate legal question to be answered. Such findings of fact, or of mixed law and fact, without an extricable legal component, are subject to deference and cannot be disturbed unless the trial judge made a palpable and overriding error (see Housen v. Nikolaisen, 2002 SCC 33, at paras. 25, 26 and 36).
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