What is a palpable and overriding error?
Ontario, Canada
The following excerpt is from GB v SA, 2013 ONSC 2147 (CanLII):
The Ontario Court of Appeal explained the concept of a palpable and overriding error in Waxman v. Waxman, 2004 CanLII 1516. A palpable error is one that is “obvious, plain to see or clear” - for example, one that is based on a misapprehension of the evidence (at para. 296). An overriding error is one that “is sufficiently significant to vitiate the challenged finding of fact” (at para. 297).
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