July 10, 2026 – Factual Errors & Appeals

“I will begin by reaffirming that “the scope of appellate review in family cases is narrow”: Barendregt v. Grebliunas, 2022 SCC 22, 469 D.L.R. (4th) 1, at para. 100; Van de Perre v. Edwards, 2001 SCC 60, [2001] 2 S.C.R. 1013, at para. 11. This is because finality and expedition are of heightened importance in family law matters, and multiple court hearings, which can drain family resources, should not be encouraged. Moreover, most determinations are driven by factual decisions, and trial judges who have a close opportunity to consider the complete evidentiary record first-hand and to assess the credibility of witnesses are best situated to determine the facts. Therefore, an appellate court is not to interfere “[a]bsent an error of law or an overriding error of fact”, including a “serious misapprehension of [material] evidence”: Hickey. v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518, at para. 12; Barendregt, at paras. 101-104; Calin v. Calin, 2021 ONCA 558, at para. 16. As a result, a factual error will not support a successful appeal unless the error is clear and had an important bearing on the decision, and even a misapprehension of evidence will not ground an appeal unless it is a serious misapprehension relating to a material issue in the case.”

Jasiobedzki v. Jasiobedzka, 2023 ONCA 482 (CanLII) at 7

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