An appeal lies only if there are questions of law in issue. Iacobucci J. set out the distinction between questions of law, questions of fact and questions of mixed law and fact in Director of Investigation and Research v. Southam Inc. (1997), 1997 CanLII 385 (SCC), 144 D.L.R. (4th) 1 at 12 (S.C.C.) as follows: Briefly stated, questions of law are questions about what the correct legal test is; questions of fact are questions about what actually took place between the parties; and questions of mixed law and fact are questions about whether the facts satisfy the legal tests.
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