What is the effect of "palpable and overriding error" in the findings of fact?

British Columbia, Canada


The following excerpt is from Winskowski v. Coldstream (District of), 1997 CanLII 3538 (BC CA):

Reverting to the case authorities, I have sifted carefully through the evidence and the findings of fact and have failed to find "palpable and overriding error", see Stein v. Kathy "K", supra either in the findings of fact or in the inferences drawn. I conclude that the appellants arrived at the same end point and that that is why the challenge on the appeal was almost entirely to the weight of the evidence. From the comment of the trial judge at p.27 of his reasons weight would appear also to have been a primary focus at trial. I think that it is fair to say that interference by this Court where weight is the issue is and will continue to be rare, much more rare probably than interference with findings of fact.

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