Can a motion judge apply a principle of law or a purely legal question?
Prince Edward Island, Canada
The following excerpt is from Havenlee Farms Inc. v HZPC Americas, 2017 PECA 20 (CanLII):
Of course, where the motion judge applies an incorrect principle of law, or errs with regard to a purely legal question, such as the elements that must be proved for the plaintiff to make out her cause of action, the decision will be reviewed on a correctness standard (Housen v. Nikolaisen, at para. 8).
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