What is the standard of review analysis for appellate superior courts and trial courts?
Canada (Federal), Canada
The following excerpt is from X (Re), 2013 CanLII 100913 (CA IRB):
“The standard of review analysis respecting appellate superior courts and trial courts was definitively stated in Housen v. Nikolaisen, [2002] 2 S.C.R. 235, 2002 SCC 33. Shortly put, an appellate superior court reviews the decisions of trial courts on questions of law for correctness. Errors of fact, mixed errors of fact and law and inferences to be drawn from the facts are generally reviewed for palpable and overriding error.”
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