What factors will be considered by the Court of Appeal for an appeal against the findings of fact?
British Columbia, Canada
The following excerpt is from Foreman v. Reid, 2011 BCCA 394 (CanLII):
The last factor to consider is the merits of the appeal. The appellants’ position that their appeal has merit is supported by nothing more than the conclusory opinion of their counsel set out in para. 15 above. How or why the issues the appellants wish to argue are important to the development of the law is not explained. Indeed, as they have not even provided me with their proposed grounds of appeal, I am unable to make any assessment of their prospects of success. On the other hand, I have read the trial judge’s reasons and they support the respondent’s position that the case turns on its facts. The standard of review for findings of fact—palpable and overriding error—is a high one: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235.
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