Friday, February 17, 2017

Role of Trial Judge: Nelson (City) v. Mowatt, 2017 SCC 8

It is not the role of appellate courts to second‑guess the weight to be assigned to the various items of evidence. Absent palpable and overriding error — that is, absent an error that is plainly seen and has affected the result — an appellate court may not upset a fact‑finder's findings of fact.


1 comment:

Ernest Guiste said...

If the judge had no jurisdiction to make the finding of fact to begin with - lights out !
Jurisdiction is always the king of legal error. You can not decide that which you have
no jurisdiction to decide.

E.J. Guiste.