What is the standard of review for a claim of errors in a question of law?
Canada (Federal), Canada
The following excerpt is from Canada v. Spruce Credit Union, 2014 FCA 143 (CanLII), [2015] 3 FCR 431:
The alleged errors are subject to the standard of review set out in Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235 [Housen] . Questions of law are reviewable on a standard of correctness. Questions of fact or mixed fact and law are only reviewable for palpable and overriding error, unless they contain an extricable question of law, in which case a correctness standard applies (Housen at paragraphs 8, 10 and 26).
"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 standard of review for "plain error review" in the context of a claim for damages arising out of an error of judgment? (MultiRegion, United States of America)
What is the standard of review for error review in a motion where the error was not recognized or analyzed for harmlessness? (MultiRegion, United States of America)
What is the standard of review of a motion where a claim has been made that the claim is invalid? (Canada (Federal), Canada)
In reviewing the application of a sophisticated means enhancement, what is the difference between a de novo review and a clear error review? (MultiRegion, United States of America)
What is the "plain error" standard in the review of unpreserved errors? (MultiRegion, United States of America)
What is the standard of review for a motion where a claim has been made that the claim is incorrect? (Canada (Federal), Canada)
Is a petitioner who has procedurally defaulted by not raising a claim on direct review or collateral review barred from raising it on collateral review? (MultiRegion, United States of America)
What is the standard of review for a motion where a claim has been made that the claim is not reasonable? (Canada (Federal), Canada)
What is the "plain error" standard of review in the context of a motion to overturn a finding of error at the Court of Appeal? (MultiRegion, United States of America)
Can a petitioner who has had a full and fair review of his Fourth Amendment claims in state court seek to have those claims reviewed by the federal appeals court? (MultiRegion, United States of America)
