Is a question of mixed fact and law a pure question of fact or law?
Nova Scotia, Canada
The following excerpt is from Coates v. Capital District Health Authority, 2012 NSCA 4 (CanLII):
Some issues do not fit neatly into being a pure question of fact or law. They are known as issues or questions of mixed fact and law. Such questions, absent an error of law that can be isolated, are also entitled to the same deference as pure questions of fact – they can only be overturned if the appeal court is satisfied a palpable and overriding error was committed (McPhee v. Gwynne‑Timothy, 2005 NSCA 80 at paras. 31‑33).
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