What is the standard of appellate review applicable to all factual conclusions of a trial judge?
Manitoba, Canada
The following excerpt is from Hill v. Kilbrei, 2005 MBCA 81 (CanLII):
19 Both parties cite the leading case of Housen v. Nikolaisen, [2002] 2 S.C.R. 235, 2002 SCC 33, as authority for the principle that the standard of appellate review applicable to all factual conclusions of a trial judge is that of palpable and overriding error. They join issue on the application of that standard to the findings of fact that were made by the trial judge in this case.
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