What is the standard of review for a question of fact and mixed fact?
Ontario, Canada
The following excerpt is from McQueen et al. v. Mitchell et al., 2022 ONSC 649 (CanLII):
This is a judicial appeal and appellate standards of review apply, as set out in Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235. Questions of law are reviewable on a correctness standard. Questions of fact and questions of mixed fact and law from which the legal principle is not readily extricable are reviewable on a standard of palpable and overriding error: Housen, at paras. 8, 10, 36. Analysis
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the distinction between questions of law, questions of fact and questions of mixed law and fact? (Ontario, Canada)
What is the standard of review of questions of law and questions of mixed fact and law? (Ontario, Canada)
What is the standard of review for questions of mixed law and fact? (Ontario, Canada)
What is the standard of review for appeal from a judge on questions of law and mixed fact and law? (Ontario, Canada)
What is a palpable error in the standard of review applicable to questions of mixed fact and law? (Ontario, Canada)
What is the standard of review for a question of mixed fact and law? (Ontario, Canada)
What is the standard of review for questions of law, credibility, mixed fact and law and penalty? (Ontario, Canada)
What is the legal test for applying palpable and overriding error standard in appellate review of findings of fact and of mixed fact and law? (Ontario, Canada)
What is the standard of review applied to a judge's findings of fact and mixed fact and law? (Ontario, Canada)
What is the difference between questions of law and questions of mixed law and fact? (Ontario, Canada)
