What is the standard of review for a motion where a claim has been found to be in breach of the law?
Nova Scotia, Canada
The following excerpt is from R. v Fleet, 2017 NSSC 186 (CanLII):
For questions of law, the standard of review is correctness. For questions of fact, it is overriding and palpable error. For questions of mixed law and fact, it is also palpable and overriding error, unless a question of law is readily extricable. In that situation, the standard of correctness applies to that question of law. See Housen v. Nikolaisen, 2002 SCC 33.
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