What is the standard of review of a finding of fact and his application of those facts?
British Columbia, Canada
The following excerpt is from Burns v. Solariums Direct (Canada) Inc. (Sunview Solariums Ltd.), 2010 BCSC 407 (CanLII):
There is no issue that the standard of appellate review of the trial judge’s finding of fact and his application of those facts to the law is that of palpable and overriding error, as defined in Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, and H.L. v. Canada (Attorney General), 2005 SCC 25, [2005] 1 S.C.R. 401. The standard of review on matters of law is correctness.
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