Is there any case law or fact-based deference when a question is mixed between fact and law-intensive?
Canada (Federal), Canada
The following excerpt is from Fontaine v. Canada (Transport), 2007 FC 1160 (CanLII):
Finally, the mixed nature of a question “will call for more deference if the question is fact-intensive, and less deference if it is law-intensive” (Dr. Q v. College of Physicians and Surgeons of British Columbia, 2003 SCC 19 (CanLII), [2003] 1 S.C.R. 226).
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