What is the correctness standard for determining whether a party to a motion in a motion is correct?
Ontario, Canada
The following excerpt is from Motors Insurance Corporation v. Old Republic Insurance Company, 2009 CanLII 37707 (ON SC):
The correctness standard will be applied if the question of law is of central importance to the legal system and outside the specialized area of expertise of the decision maker (Dunsmuir v. New Brunswick at para. 55).
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