What is the standard of review for an appeal of a finding made after a trial?
Canada (Federal), Canada
The following excerpt is from Industries Perron Inc. v. Canada, 2013 FCA 176 (CanLII):
This is an appeal of the decision of a trial court made after a trial. As such, the standard of review is that set out in Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235 (Housen). Findings of fact are reviewable on a standard of palpable and overriding error: Housen, at paragraph 10. Questions of law are reviewable on a standard of correctness: Housen, at paragraph 8. Questions of mixed fact and law are reviewable on the standard of palpable and overriding error, unless one can identify an extricable question of law; if so, that question is reviewed on a standard of correctness: Housen, at paragraph 36.
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