What is the standard of review in a second level appeal?
Newfoundland and Labrador, Canada
The following excerpt is from Baker v Harmina, 2018 NLCA 15 (CanLII):
On a second level appeal, the question is whether the appeal judge correctly selected and applied the standard of review: Wright v. Sun Life Assurance Company of Canada, 2014 BCCA 309 at paras. 34-37; R.W. v. Alberta (Child, Youth and Family Enhancement Act, Director), 2011 ABCA 139 at paras. 14–15.
The appeal judge correctly selected the standards of review from Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235: correctness for questions of law, palpable and overriding error for questions of fact, and palpable and overriding error for questions of mixed law and fact, except for extricable questions of law, which are reviewed for correctness. Analysis Was Mya Jointly Owned in Law?
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