British Columbia, Canada
The following excerpt is from Sabourin Estate v. Watterodt Estate, 2005 BCCA 348 (CanLII):
If the question is one of mixed fact and law, including the question of whether conduct was negligent, involving, as it does, the application of a legal standard to a set of facts, the task before a Court of Appeal is to determine whether the legal aspect of the question is "extricable" from the factual aspect of the question. If the legal aspect can be extracted, then the factual aspect remains subject to the test of whether it contains a palpable and overriding manifest error, but the legal question is subject only to the test of correctness. See Housen v. Nikolaisen at paragraphs 26 to 37. If the legal aspect can not be extracted then the whole question is subject to the test of palpable and overriding manifest error. IV. The Penticton Airport Procedures
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