What is the standard of review for the issues raised on an appeal against the findings of the trial judge?
British Columbia, Canada
The following excerpt is from Rudyak v. Bekturova, 2018 BCCA 414 (CanLII):
The parties agree that the standard of review for the issues raised on this appeal is that applicable to questions of fact and to questions of mixed fact and law. The findings of the trial judge should not be set aside unless the trial judge made a palpable and overriding error: Housen v. Nikolaisen, 2002 SCC 33 at paras. 10 and 28. I agree. The questions raised by the appellant about the alleged property settlement and unequal division of family property involve mixed questions of fact and law. The appellant argues that the trial judge erred in his findings of fact or in his application of the law to those findings. Accordingly, the deferential standard of palpable and overriding error is applicable.
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