GENERAL STANDARDS OF APPELLATE REVIEW
CHAPTER FOURTEEN
14:1000 OVERVIEW
14:1100 Fact-Identification, Law-Declaration, and Application of Law to Facts
14:1110 Fact-Identification
14:1111 The Several Facets of Fact Identification or Fact-Finding
14:1112 “Weighing” Evidence
14:1113 Drawing Inferences
14:1120 Declaring the Law
14:1121 Generally
14:1122 Determination of a Standard as a Legal Norm
14:1130 Application of the Law to the Facts
14:2000 STANDARD OF REVIEW OF FINDINGS OF FACT: “PALPABLE AND OVERRIDING ERROR”.
14:2100 Introduction
14:2110 Standard Embraces Both Process and Substantive Fact-Finding Errors
14:2120 Legislative Facts
14:2200 Evolution of the Standard of “Palpable and Overriding Error”
14:2210 Prior to “Kathy K”
14:2220 Housen v. Nikolaisen
14:2221 Deference to be Accorded to All Findings of Fact
14:2222 Rationales for Deference
14:2230 H.L. v. Canada (Attorney General)
14:2240 Obviousness and Materiality of the Error
14:2241 The Obviousness of the Error
14:2242 The Materiality of the Error
14:2300 Intervention with a Trial Judge’s Findings of Fact
14:2310 Generally
14:2320 Credibility Findings
14:2321 Assessing Credibility
14:2322 Standard of Appellate Review of Credibility Findings
14:2323 Intervention in Credibility Findings
14:2330 Expert Evidence
14:2331 Function of Experts
14:2332 Appellate Intervention
14:3000 ERROR OF LAW
14:3100 The Standard of Review: “Correctness”
14:3110 Generally
14:3120 Interpretation of Contracts
14:3130 Particularizing a Standard
14:4000 STANDARD OF REVIEW OF QUESTIONS OF MIXED FACT AND LAW
14:4100 Overview
14:4200 Selecting the Appropriate Standard of Review
14:4210 Classifying as Questions of Fact or Questions of Law
14:4211 Questions of Fact
14:4212 Questions of Law
14:4220 Establishing the Standard of Review in Light of Housen v. Nikolaisen
14:4221 Extricating a Question of Law
14:4222 Conclusion to Have Precedential Effect.
14:5000 JURY VERDICTS
14:5100 Overview
14:5200 “No Evidence”
14:5300 Review of a Jury’s Conclusions
14:5310 The Standard of Review
14:5311 The Classic Statement of the Standard
14:5312 Alternative Descriptions of the Test
14:6000 STANDARDS OF REVIEW APPLIED ON A SECOND APPEAL
14:6100 Overview
14:6200 Appeals to the Supreme Court of Canada
14:6210 Concurrent Findings in the Courts Below
14:6300 Standard of Review by a Second Intermediate Appellate Court
14:7000 APPEALS FROM JUDICIAL REVIEW OF ADMINISTRATIVE ACTION
14:7100 Overview
14:7110 Standards of Review of Administrative Action
14:7111 Administrative Review Standards as Compared to Appellate Standards of Review
14:7112 Nature of the Analysis
14:7200 Standards of Appellate Review
14:7210 No Deference on Appeal from Decision of Reviewing Court
14:7220 Exception: Reviewing Court Acting as a Court of First Instance