What is the test for determining the appropriate standard of review for each of the questions before a judge?
Canada (Federal), Canada
The following excerpt is from Najafi v. Canada (Public Safety and Emergency Preparedness), 2014 FCA 262 (CanLII), [2015] 4 FCR 162:
In this appeal, this Court’s role is to assess whether the judge chose the appropriate standard of review for each of the questions before her and whether she applied them properly (Agraira v. Canada (Public Safety and Emergency Preparedness, 2013 SCC 36 (CanLII) at paragraphs 45 to 47 [Agraira]).
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