What is the standard of review for an appeal?

Both counsel agree that the standard of review is correctly set out in Housen v. Nikolaisen[1], although appellant’s counsel takes the position that the appeal involves a question of law whereas respondents’ counsel states that it involves a mixed question of fact and law.

I agree with the position of respondents’ counsel that the determination of whether a minority discount should apply in valuing the shares of the Estate in 349523 is a mixed question of fact and law. The case law suggests that the issue of the application of a minority discount is not simply a question of law. As stated in Rawluk v. Rawluk[2], “Absent any statutory direction, “value” must then be determined on the peculiar facts and circumstances as they are found and developed on the evidence in each individual case.” Leaving aside the absence of any request for leave, I fail to see how the appeal involves an issue of law alone.