What is the standard of review of a trial judge's findings of fact on appeal?
British Columbia, Canada
The following excerpt is from British Columbia (Child, Family and Community Service) v. A.D.T., 2015 BCSC 2285 (CanLII):
We remind ourselves of the standard of review. It is well-tilled ground (and a fertile field for appellate error). The trial judge’s findings of fact are entitled to deference on appeal and must be accepted absent palpable and over-riding error (Housen v. Nikolaisen, 2002 SCC 33 at para. 10). Likewise, the trial judge’s inferences of fact must be accepted save where they are not reasonably supported by the evidence (H.L. v. Canada (Attorney General), 2005 SCC 25 at para. 74).
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