What is the standard of review for a finding of credibility by a trial judge?
Ontario, Canada
The following excerpt is from R. v. Adeyiwola, 2022 ONSC 1824 (CanLII):
The findings of a trial judge regarding credibility require significant deference from an appellate court. The standard of review is palpable and overriding error. An appellate court can only find that a palpable and overriding error has occurred in the trial judge’s assessment of a witness’s credibility where the finding cannot be supported on any reasonable view of the evidence. See the case of R v. Burke, 1996 CanLII 229 (SCC), [1996] 1 S.C.R. 474 at para. 7.
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