39 The identification and application of the correct legal principles is a question of law, regarding which the standard of review by this court is correctness. If there are any issues about findings of fact made by the judge, or any questions of mixed fact and law, they will be reviewed on the standard of palpable and overriding error. See Housen v. Nikolaisen, 2002 SCC 33 (CanLII), [2002] 2 S.C.R. 235. The Applicable Legal Principles
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