Monthly Archives: September 2016

Palpable and Overriding errors

In Housen v. Nikolaisen (2002) 2 S.C.R. 235, at para. 25, the Supreme Court stated with regard to the standard to be applied on appeal of findings of fact, “palpable and overriding error” was the correct standard. The court stated … Continue reading

The rule in Browne v. Dunn

The rule in Browne v. Dunn (the “Rule”) establishes that if counsel seeks to challenge the credibility of a witness by calling contradictory evidence, the witness must be given the opportunity to address such evidence during cross-examination. The nature of … Continue reading