Photographic evidence of conditions at a construction site, supported by witness recollections years after the event, does not constitute an 'incontrovertible fact' enabling appellate review of demeanour-based findings where the photograph is undated, there is no precise dimensional evidence, and the witnesses' recollections are properly found to be reconstructed. The burden of establishing that a fact is truly incontrovertible lies on the party challenging the primary findings. A trial judge's assessment of future residual earning capacity must be logically consistent with the assessment of past residual earning capacity; it is erroneous to allow for future residual earning capacity when no practical past residual earning capacity has been found.
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