What is the test for determining whether a judge's decision is based on a standard of correctness?
Canada (Federal), Canada
The following excerpt is from Pathmanathan v. Canada (Minister of Citizenship and Immigration), 2009 FC 885 (CanLII), [2010] 3 FCR 395:
The first two issues relate to procedural fairness. It is trite law that questions of procedural fairness are reviewed on a standard of correctness (see Sketchley v. Canada (Attorney General), 2005 FCA 404, [2006] 3 F.C.R. 392).
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