What is the standard of review for an appeal from a decision of a judge?

Ontario, Canada


The following excerpt is from Budarick v. the Corporation of the Townships of Brudenell, Lyndoch and Raglan (Integrity Commissioner), 2022 ONSC 640 (CanLII):

This being a statutory appeal from a decision of a judge, the applicable standard of review is to be determined with reference to the nature of the question in accordance with Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235. On questions of law, including questions of statutory interpretation and those concerning the scope of a decision maker's authority, the standard of review is correctness. On questions of fact, the standard of review is palpable and overriding error. A palpable and overriding error is an error that can be plainly seen and that affected the result, is unreasonable or is unsupported by the evidence. On questions of mixed fact and law, the standard is palpable and overriding error, unless there is an extricable question of law, in which case, the standard of review on that extricable question is correctness.

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