Monday, January 12, 2009

Unreasonable inferences are errors of law

The recent Divisional Court decision in Coffee Time Donuts Incorporated v. Toshi Enterprises Ltd, 2008 CanLII 68167 (ON S.C.D.C.) provides a nice quotation that confirms the longstanding principle that an unreasonable factual inference amounts to an error of law for appeal purposes.  The decision is applicable in both civil and criminal matters:

 

 

[26]      It is common for a trial judge to draw inferences from the facts before him or her, but such inferences must be ones that can be reasonably and logically drawn from the evidence: R. v. Morrissey 1995 CanLII 3498 (ON C.A.), (1995), 97 C.C.C. (3d) 193 (Ont..C.A.) at page 290. To make an unreasonable finding of fact is an error of law: Blanchard v. Control Data Canada Ltd., 1984 CanLII 27 (S.C.C.), [1984] 2 S.C.R. 476.

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